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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
DEVENDRA MURARI PISE – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(URMILA JOSHI-PHALKE, J.)
1. This application under Section 482 of the Code of Criminal Procedure is for quashing and setting aside the impugned order dated 26.10.2023 passed by learned Sessions Judge, Chandrapur and the impugned order dated 19.12.2020 passed by learned Judicial Magistrate First Class, Bramhapuri rejecting the discharge application.
2. Facts necessary for disposal of the application are as under :
The applicant, who is accused No.1, is the President of “The Young Engineers Education Society, Kurkheda, district Chandrapur” having various educational institutions at Bramhapuri. The said Society is having 13 acres of land in Bhetada, taluka Bramhapuri, district Chandrapur. On the said property, the above education Society runs various institutions. One Raghuvir Somaji Bawankule, was Principal of the Maharashtra Institution of Education, which is run by the above education Society, during 2010-2016. The above Society was intending to start an Engineering College at this premises in the year 2015 and said Raghuvir Somaji Bawankule was assigned to complete all formalities for preparing proposal to start the College. Said Raghuvir Somaji Bawankule did all formaliti
At the discharge stage, the court must assume prosecution evidence is true and evaluate if it discloses necessary elements of the alleged offence, not the merits of the case.
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The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
The prosecution failed to establish a prima facie case of forgery or misappropriation against the petitioner, leading to the quashing of all proceedings.
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
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