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2012 Supreme(Bom) 9

K.U.CHANDIWAL
3rd Joint Civil Judge, Junior Division, and Judicial Magistrate First Class, Jalgaon – Appellant
Versus
S. U. Bisen P. I. – Respondent


Advocates Appeared:
For the Respondents:R1, H.F. Pawar, Advocate, R2, K.J. Ghute Patil, AGP.

Judgment

Heard learned Assistant Government Pleader and Mr Pawar, earned Counsel for respondent No.1.

2. The Judicial Magistrate, First Class found that the surety bonds produced before him including the 7/12 extracts were forged. The communication from Tahsildar, Bhusawal purported to be dated 30.4.2007 was also found to be the forged and fabricated. The learned Judge found of prima facie involvement of an Advocate Shri Sali and one Shri Kakade. Consequently, he directed the Police Inspector of City Police Station, Jalgaon to first register an office against Advocate Sali and Surety Kakade and after registering office then only investigate into the offence and take further steps as per provisions of law by order dated 16.6.2007. The order was received by City Police Station, Jalgaon on 16.6.2007 against acknowledgment. A further communication was received from the Police Inspector S.U. Bisen dated 28.6.2007 informing the Court that as per the directions dated 16.6.2007, the offence was not then registered against surety Shri Kakade, as he was not found. The case papers were handed over to P.S.I. R.J. Thakare of the concerned Police Station. Learned Judge felt that in spite of spec


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