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2018 Supreme(Bom) 169

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, A.M. DHAVALE, JJ.
Pravin & Others – Applicants
Versus
The State of Maharashtra & Others – Respondents
Criminal Application Nos. 2544 of 2015, 2741 of 2015 & 808 of 2016
Decided On : 05-02-2018

Advocates Appeared:
For the Applicants :S.M. Vibhute, Advocate
For the Respondents:M.M. Nerlikar, A.P.P., S.S. Bora, Advocate

Headnote:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Section 156 (3), 200,and 202 - Indian Penal Code,1860 - Sections 323 and 506 - Constitution of India,1950 - Articles 226 and 227 - Demanded possession - Partnership firm - Quashing - Cognizable offence - As per documents on record Industries purchased a tractor from Rainbow Tractors for as down payment and balance by incurring loan - Down payment was made from Bank account of Industries - receipt is in name of but payments were made by cheques of Industries - Payment receipt is in name of Industries - Income tax returns disclose that tractor was fixed asset of firm and firm had incurred tractor loan - Dispute arose on account of sale of tractor on - It was sold by on behalf of Industries in favor of for sum – Held, There can be no second F.I.R and consequently there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or same occurrence or incident giving rise to one or more cognizable offences - On receipt of information about a cognizable offence or an incident giving rise to a cognizable offence or offences and on entering F.I .R in station house diary officer in charge of a Police Station has to investigate not merely cognizable offence reported in FIR but also other connected offences found to have been committed in course of same transaction or same occurrence and file one or more reports - Criminal Application allowed

JUDGMENT :

1. All these matters are interconnected and involve common question of law.

2. Rule. Rule made returnable forthwith and with the consent of parties, the matters are heard finally at admission stage.

3. All these matters are filed under Section 482 of Cr.P.C. and Articles 226 and 227 of Constitution for quashing of F.I.R. filed by the parties against each other.

4. The facts relevant for deciding these matters may be stated as follows:

5. On 19.10.2011, Sanjeev Kulkarni, Umesh Kasture and Pravin Jethewad formed a partnership firm to carry on business of Bio Coal in the name of Abhang Industries. It is registered on 24.4.2014. Each partner was having 1/3rd share.

6. On 14.11.2012, M/s Abhang Industries entered into agreement with Narayan Madhavwad, Proprietor of Mayura Bio Coal Industries, whereby his plots No.30, 31-A and A-32 at Malwata MIDC Area, Vasmat, District Hingoli were taken over on rent of Rs.25,000/- per month for carrying on the business.

7. On 8.12.2012, as per documents on record Abhang Industries purchased a tractor from Rainbow Tractors for Rs.2,65,000/- as down payment and balance by incurring loan. The down payment was made from the Bank account of Abhang Industries. The receipt is in the name of Umesh Kasture but payments were made by cheques of Abhang Industries. The payment receipt is in the name of Abhang Industries. The income tax returns disclose that the tractor was fixed asset of the firm and the firm had incurred tractor loan.

8. The dispute arose on account of sale of tractor on 25.1.2015. It was sold by Pravin Jethewad on behalf of Abhang Industries in favour of Narayan Madhavwad for sum for Rs.7,50,000/-. Cheque dated 6.2.2015 was issued in the name of firm and the said cheque was encashed on 11.2.2015. Baburao Salve working with Narayan Madhavwad was witness to the transaction. The receipt was issued on behalf of Abhang Industries. The payment of Rs.7,50,000/- was credited in the account of Abhang Industries.

9. The R.C. Book and insurance policy of the tractor were in the name of Umesh Kasture. The loan account was also in his name. But the installments were paid from account of Abhang Industries.

10. On 11.2.2015, Umesh Kasture lodged report at Vasmat Police Station reporting that his R.C. Book and tax book were missing.

11. On 1.3.2015, Baburao Salve, employee of Narayan Madhavwad lodged a report at the M.I.D.C. Vasmat Police Station that Sanjeev Kulkarni, Umesh Kasture and two others had been to his factory and demanded possession of the tractor and assaulted him with fist and kick blows and threatened to kill him. It was registered as N.C. case under Section 323, 506 of Indian Penal Code.

12. Babu Salve filed application under Section 156 (3) of Cr.P.C. on 10.3.2015 in the Court of Judicial Magistrate, First Class, Vasmat making allegations against Sanjeev Kulkarni, Umesh Kasture and two others Ganesh Kasture and Sanjay Kandhare. In this report, he alleged that they had abused him in the name of his caste and committed offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'Atrocities Act'). He alleged that when he had been to the Police Station, the Police Station Officer had talk with accused nos.1 and 3 and due to their relations, his F.I.R. was not properly recorded and only N.C. case was registered and he was advised not to take quarrel with the accused persons, who were influential. In spite of his repeated requests, his report about offence under Atrocities Act was not recorded.

13. On the application dated 10.3.2015, learned Judicial Magistrate, First Class, Vasmat passed order dated 8.4.2015. He felt that there was no necessity to issue directions under Section 156 (3) Cr.P.C. and it was fit case for taking cognizance. He directed the complainant to remain present for examination under Section 200 Cr.P.C. and examination of w









































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