MANISH PITALE, VALMIKI SA MENEZES
Ramesh Manohar Madawi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Manish Pitale, J. - Heard finally with the consent of the learned counsel appearing for the rival parties. Admit.
2. The applicant herein has approached this Court invoking inherent power under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), for quashing of First Information Report (F.I.R.) and charge-sheet for offences under Sections 409, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By way of amendment, a further prayer is made for quashing and setting aside order dated 21.08.2020, passed by the Judicial Magistrate, First Class, Arvi, whereby an application for discharge filed on behalf of the applicant, was dismissed.
3. On 26.10.2021, this Court had passed an order permitting amendment of the application for adding the aforesaid prayer, despite objection raised on behalf of the non-applicant No.1/State, by referring to the judgments of the Hon'ble Supreme Court. When this application was finally heard, the said objection was reiterated on behalf of the non-applicant No.1/State, as well as the non-applicant No.2 i.e. informant - complainant.
4. The sequence of events, leadin
Ashoo Surendranath Tewari Vs. Deputy Superintendent of Police, EOW
Mohammed Ibrahim and others Vs. State of Bihar and another reported in (2009) 8 SCC 751
Prabhu Chawla Vs. State of Rajasthan and another reported in AIR 2016 SC 4245
Radheshyam Kejriwal Vs. State of West Bengal reported in (2011) 3 SCC 581
Shambhoo Nath Misra Vs. State of U.P. and others reported in AIR 1997 SC 2102
Sheila Sebastian Vs. R. Jawaharraj and another Etc. reported in AIR 2018 SC 2434
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