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2017 Supreme(Bom) 1756

A.S.CHANDURKAR
Shailesh S/o Harish Kulkarni – Appellant
Versus
State of Maharashtra through P. S. O. Sadar, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shri V.V. Bhangde
For the Non-applicants : Shri A. Madiwale, Shri Masood Shareef

JUDGMENT :

1. The applicant who is the original complainant has filed the present criminal application under Section 482 of the Code of Criminal Procedure, 1973 ( for short, the Code) as he is aggrieved by the order dated 11-6-2015 passed by the learned Additional Sessions Judge-III, Nagpur by which the non-applicant No.2 herein stands discharged in the complaint proceedings.

2. The facts in brief are that the complainant is a railway contractor engaged in execution of various contracts. In those contracts, it was stipulated that in the event of any disputes or differences the same would be settled through arbitration. One such dispute arose which was then referred to the Arbitrator. According to the complainant, in those proceedings a particular document was filed on behalf of the Railway authorities which appeared to the complainant to be fabricated. On that basis, a private complaint came to be filed alleging fabrication of the documents resulting in commission of offence under Section 193 and 204 of the Indian Penal Code.

3. In those proceedings process came to be issued by the learned Magistrate. The non-applicant No.2 – accused No.1 moved an application for his discharge on the

















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