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2020 Supreme(Bom) 1390

Z.A.HAQ, AMIT B.BORKAR
Suresh S/o Vithalrao Raut – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.S. Mardikar, Senior Advocate assisted by Sumeet Joshi
For the Respondent: S.S. Doifode, Smt. S.P. Giratkar

JUDGMENT :

AMIT B. BORKAR, J.

This application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) lays challenge to the registration of First Information Report (FIR) dated 20-3-2013 registered at City Police Station, Chandrapur, vide Crime No.77/2014 for offences punishable under Sections 420 and 468 of the Indian Penal Code (IPC). The applicant being aggrieved by continuation of the above proceedings, prays for quashing thereof.

2. The prefatory facts would be necessary to comprehend better the issues involved and rival contentions :-

The case of the applicant in substance is that, the applicant was working as Shop Inspector with Municipal Council, Chandrapur. On 20-3-2014, the complainant lodged a report with the non-applicant No.1 Police Station alleging that Shop No.81 of Municipal Council was leased out to her uncle Muralidhar Shukla and he was carrying out his business in the name of ‘Asha Watch Company’ and after his death, she entrusted the affairs of said shop to Sushil Tiwari. One Aadesh Tiwari had applied for the issuance of license of the shop and the applicant in connivance with Aadesh issued license in his name. It is alleged that license was issued in t

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