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2017 Supreme(Bom) 830

R.M.BORDE, A.M.DHAVALE
Pawan s/o Ranjithmal Lodha – Appellant
Versus
State of Maharashtra, through Inspector in charge, Mohadi Nagar Police Station, Dhule – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.B. Narwade & Mr. N.K. Singh, Advocate
For the Respondent:Mr. K.D. Mundhe, A.P.P., Mr. A.K. Bhosale, Advocate

JUDGMENT :

A.M. Dhavale, J.

Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, matter is heard finally at admission stage.

1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings Regular Criminal Case No.173/2015 on the file of Judicial Magistrate, 6th Court, Dhule arising out of C.R. No.1/2015, registered at Mohadinagar Police Station, Dhule on 6th January 2015 for the offences punishable under Sections 420, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code.

2. The argument advanced for quashing of the proceedings is that the proceedings are based on second F.I.R. on same facts.

3. The facts relevant for deciding this matter may be stated as follows:

4. The first F.I.R. was lodged by Sadanand Suvarna on 20th December 2014 at M.I.D.C. Police Station, Andheri under Section 420 read with Section 34 of the Indian Penal Code against the applicant Pawan Lodha and two others. Informant Sadanand Suvarna was running a trading business in iron and steel by name Indepth Impex Private Ltd. Prabjeetsing Bhambra was his partner and Ashoksing was his office staff. (Ashoksing is shown as accused No.3 in F



























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