The court held that an F.I.R. cannot be registered without prior police report under Section 154, and vague allegations do not establish a prima facie case, leading to quashing of the F.I.R.

JUDGMENT :

Shyam C. Chandak, J.

Present Petition filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure is seeking quashing and setting aside of an F.I.R. being No.I-165 of 2017 under Sections 420, 406, 465, 467 read with 34 of the Indian Penal Code, 1860 registered with Mumbra police station qua the Petitioner.

2. Heard Mr. Patil, the learned Advocate for the Petitioner, Mr. Gharat, the learned Advocate for the Respondent No.1 and Mr. Yadav, the learned APP for the Respondent-State. Perused the record.

3. Rule. Rule made returnable forthwith. By consent of the parties taken up for final hearing. Mr. Gharat and the learned APP waived the notice.

4. Facts giving rise to this Petition are that :-

4.1 Respondent No.1 filed a criminal complaint bearing No.OMA No.824 of 2015 in the Court of Judicial Magistrate First Class, at Thane. The Respondent Nos.2 to 6 and the Petitioner were arrayed as accused Nos.1 to 6 therein, for commission of the aforesaid alleged offences. (Hereinafter the parties are being referred to by their said original status i.e., Respondent No.1 as the ‘complainant’; Respondent Nos.2 to 6 as the ‘accused Nos.1 to 5 [A1 to A5]’ and the Petitioner as ‘accused No.6 [A6]’).

4.2 In the said complaint it was alleged that on 26^th February 2007, the A1-Bhanudas Shivdas Naik visited the complainant at Mumbra with a proposal to develop the land bearing Survey No.59, Hissa No.2 of village Ballondkhare, admeasuring 31 gunthas, owned and belonging to the complainant and a witness, on 50%-50% basis and induced the complainant and the witness, to execute a Power of Attorney (“PoA”, for short) in favour of the A1. Thereafter the PoA was prepared and the A1 obtained the signatures of the complainant and other co-owners thereon. However, the A1 did not give its copy to the complainant. Thereafter, the A1 asked the complainant to execute an agreement, giving an allurement of getting good price for the land, but the complainant refused to do so. Then the A1 alongwith A2 changed the contents of the PoA and, prepared a fabricated document by attaching/removing (changing) the last page of the original PoA and getting it attested by A3, a Notary, before whom the complainant and witnesses never appeared or signed. It was alleged that, the A3 intentionally omitted to properly notarize and register the said PoA. It was alleged that, thereafter, the A1 and A2 used the forged and fabricated PoA and transferred the said land of the complainant to other accused (A3). It was alleged that, the A4, being a Talathi dealing with the land record, in collusion with the agents and local criminals, illegally manipulated the records of the land for unlawful profit and to cause a wrongful loss to the complainant, carried out the mutation entry without following a legal procedure. It was alleged that, one Devkibai Naga Mahtre was shown to have gave her thump impression on the PoA. However, the photograph was of some another woman, not Devikibai Naga Mahtre. It was alleged that, the A5 and A6 were also beneficiaries as application filed before them was suo moto rejected, without following due process of law. Thus, all the accused persons caused wrongful gain to themselves and wrongful loss to the complainant and committed the alleged offences. Accordingly, the complainant prayed that, Police station Mumbra be directed to investigate into the present offence u/s 156 (3) of Cr.P.C.

4.3 On 20.08.2015, the erstwhile learned Magistrate passed the following Order on the said complaint :

“Read Complainant.

Heard ld. counsel for complainant at length.

Put up the case for orders on 24/8/2015.”

sd/-

20/08/2015.

4.4 On dated 06.11.2015, the subsequent learned Magistrate passed the following Order on the said complaint :

“Perused complaint and the documents. Heard the learned counsel for the complainant. My learned Predecessor by order dt. 24-8-15 passed below Exh 1 ordered to lead the evidence u/s 200 of the Cr.P.C. Accordingl