ORDER

This petition under Section 482 of the Code of Criminal Procedure has been filed for invoking the power under Section 482 of Cr.P.C. to quash the FIR No.224/2019 dated 19.06.2019 registered at police station Amlai District Shahdol (M.P.) and to quash further proceedings initiated in S.T.No.31/2022 pending before Additional Sessions Judge, Budhar District Shahdol pursuant to charge sheet filed after investigation of the aforesaid FIR number.

2. The brief facts of the prosecution case are that on 14th-15th of June, 2019 police Amlai on the basis of secret information that Scorpio Vehicle bearing no.CG-10-FA-4149 going from Bilaspur side to Shahdol side, number plate is suspicious. On the basis of information, police personnel along with witnesses reached and intercepted the aforesaid vehicle crossing general road.

Three persons were travelling in the said vehicle. In the course of interrogation, they introduced themselves as Sattu Khagar, resident of village Bhadroni police station Bairad District Shivpuri, Sonu Baniya and Krishna Kumar Agrawal.

When they were asked to produce the papers of the vehicle they could not produce the papers of the vehicle. The vehicle was bearing plate no.CG-10-FA-

4149. On the basis of trace panchnama and on searching the website of Chhattisgarh RTO, the number on the plate of Scorpio vehicle was found to be that of Tata Nano Car and not of that Scorpio vehicle. The aforesaid Scorpio vehicle had chassis no.MA1TBSL72489356 and engine no.BS74G44005. The said vehicle was being taken from Bilaspur to some other place, it was found that aforesaid persons were fraudulently using fake and forged number plate as original and were taking that vehicle without proper papers. Therefore, the police Amlai registered an FIR No.224/2019 for the commission of offence under Sections 420, 467, 468, 471, 475, 34 of IPC, Sections 130(3), 177(kha), 115(7) and 177(2) of Motor Vehicles Act, 1988 against the petitioners. After investigation, the police filed the charge sheet before learned JMFC. Learned JMFC in its turn committed the case to the Court of Session and at present the petitioners are facing session trial for commission of offence in S.T.

No.31/2022 pending on the file of ASJ Budhar District Shahdol.

3. Learned counsel for the petitioners has submitted that petitioners have been falsely implicated. The prosecution has no independent witnesses to prove that offences were committed by the petitioners. The petitioners have good reputation in the society and just to harass them and spoil their reputation they have been roped in a false case. The petitioners have not prepared fake and forged number plate. Therefore, it has been prayed that FIR No.224/2019 and S.T.No.31/2022 arising out of said FIR pending before learned ASJ be quashed.

4. On the other hand, learned Panel Lawyer for the respondent/State has opposed the submissions made by learned counsel for the petitioners and has submitted that there is overwhelming evidence against the petitioners that they were using fake and forged number plate on the Scorpio vehicle which was not of their ownership. They are facing trial and in such cases, FIR cannot be quashed only on the ground that police has no prosecution witnesses to prove that fake and forged number plate was not prepared by accused persons.

5. I have heard learned counsel for the parties at length.

6. It is undisputed that S.T.No.31/2022 is pending on the case file of ASJ Budhar District Shahdol. The petitioners are facing trial for commission of offence under Sections 420, 467, 468, 471, 475, 34 of IPC, Sections 130(3), 177(kha), 115(7) and 177(2) of Motor Vehicles Act, 1988. On the basis of secret information, when Scorpio vehicle was intercepted by the police,the driver and persons traveling in the vehicle could not produce the papers of the vehicle. Fake and forged number plate was being used in the vehicle as CG-10-

FA-4149 and when identity of vehicle was searched on the basis of its chass