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2018 Supreme(Bom) 2671

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
T.V. Nalawade, Vibha Kankanwadi, JJ.
Jalgaon Anjali Anish Damania - Appellant
Versus
State Of Maharashtra, Through Its Chief Secretary, Home Department, Centre No 1, Wtc - Respondent
Criminal Writ Petition No. 1539 of 2018; Criminal Application No. 1906 of 2018
Decided On : 19-11-2018

Advocates Appeared:
A.B. Girase, Adv., V.J. Dixit, Adv., S.V. Dixit, Adv., Vijay B Patil, Adv.

Headnote:

Constitution of India – Article 226 – Indian Penal Code, 1860 – Section 379, 380, 420, 465, 466, 467, 468, 469, 471, 474, 120 and 34 – Criminal Procedure Code, 1973 – Section 482 and 156 – Banking Regulation Act – Section 35 – Quash and set aside the first information report - Invoke the powers of this Court - Criminal Application applicant party but later on she decided to argue matter herself by taking necessary permission, she has filed separate proceedings Criminal Writ Petition intends to invoke powers of this Court well as powers of this Court prayer is same and Convenience, petition as well as application are decided together – Parties who want to get FIR quashed are addressed as applicants – Applicants in criminal application are social activists and members of nonpolitical organization called Voice of Indian Tax Payers and applicant political party – It has been alleged that FIR came to be registered against them at Muktainagar Police Station on the basis of FIR lodged by present respondent alleged that applicants had stolen demand drafts and stamps and thereby committed forgery – Held, Perusal of private complaint would show that respondent has made allegations that both the demand drafts were kept in the main branch of Chopda Urban Co-operative Bank and from that they have been stolen bank has never made such complaint at any point of time makes a statement that false forged stamps have been prepared of these persons have ever stated that such forgery in respect of their name and stamp has been committed – FIR appears to be outcome of rivalry would be a futile exercise to ask present applicants to face trial on basis of such kind of evidence – Case is made out to exercise jurisdiction of this Court as case definitely falls within parameters laid down in case – Appeal allowed.

JUDGMENT

Vibha Kankanwadi, J. - Rule. Rule made returnable forthwith. By consent, heard finally.

2. Both, petition as well as application are filed invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash and set aside the first information report vide C.R. No. 116 of 2018, registered with Muktainagar Police Station, District Jalgaon, for offences punishable under Section 379, 380, 420, 465, 466, 467, 468, 469, 471, 474, 120B, read with Section 34 of the Indian Penal Code.

3. It will not be out of place to mention here that, in Criminal Application No. 1906 of 2018, applicant no.01 was party but later on she decided to argue the matter herself and, therefore, by taking necessary permission, she has filed separate proceedings viz. Criminal Writ Petition No. 1539 of 2018. She intends to invoke the powers of this Court under Article 226 of the Constitution of India as well as powers of this Court under Section 482 of the Code of Criminal Procedure. However, the prayer is same and, therefore, for the convenience, petition as well as application are decided together. Parties who want to get the FIR quashed are addressed as applicants.

4. The applicants have come with a case that, the applicant in criminal writ petition no. 1539 of 2018 is anti-corruption activist. She has filed detail public interest litigation before this Court at principal seat against corrupt politicians and elected members of legislature and cognizance of the said litigations have been taken.

5. Other applicants in criminal application no. 1906 of 2018 are social activists and members of nonpolitical organization called ''Voice of Indian Tax Payers'' and applicant no.03 is member of Shivsena political party. It has been alleged that the aforesaid FIR vide C.R. No. 116 of 2018 came to be registered against them at Muktainagar Police Station on the basis of FIR lodged by present respondent no.03. It is alleged that the applicants had stolen demand drafts and the stamps and thereby committed forgery. Applicant no.01 says that she came across various documents and land records which showed that the respondent no.03, who is an elected politician and then Minister in the Government of Maharashtra, had amassed huge properties and assets in his name and in the name of his family members which is stated to be beyond his valid, legal and known source of income. She had taken up the cause and had also resorted to hunger strike seeking investigation in respect of disproportionate assets of respondent no.03. Thereafter, the Government of Maharashtra had taken cognizance and respondent no.03 was made to resign on 04.06.2016. Applicants no.01 and 02 had approached Governor of Maharashtra seeking independent investigation into the irregularities.

She has also filed several complaints with the investigation agency. After exhausting all legal remedies, she approached this Court by filing PIL No. 03 of 2017. She had annexed copies of two demand drafts bearing nos. 760596 and 06523. The said petition was considered and certain orders have been passed.

6. Now, it is stated in the complaint that the applicant has stolen and forged the demand drafts.

It is stated that she had received the photo-copies of the demand drafts from some people who were the depositors of the Bank and aggrieved by siphoning of money from Chopda Urban Co-operative Bank and sister concern Tapi Sahakari Patpedhi. Those institutions were controlled by one Dr. Suresh Borole who was the then father-in-law of daughter of respondent no.03.

When she made prayer for investigation on the basis of the photo-copies, a revengeful attitude has been opted by respondent no.03 by filing the FIR. Respondent no.03 had written a letter to Manager, Administrator, Chopda Urban Co-operative Bank and Axis Bank, Jalgaon, on 03.01.2017, attaching copies of the demand drafts and the Banks had sent reply stating that government administrator has taken control over the management of t

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