2024 Supreme(Online)(MP) 18342
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 23rd OF APRIL, 2024
MISC. CRIMINAL CASE No. 48276 of 2023
BETWEEN:-
JITENDRA S/O BANE SINGH THAKUR, AGED ABOUT 31
YEARS, OCCUPATION: SERVICE ADDRESS - VILLAGE
KAKWA, TEHSIL DEPLAPUR DIST. INDORE (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI DURGESH SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH TOWN
INSPECTOR
THROUGH
POLICE
STATION
GOUTAMPURA, DIST. INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI KAPIL MAHANT - P.L. FOR STATE)
This application coming on for admission this day, the court passed the
following:
Durgesh Sharma,Advocate General
ORDER
1. This petition under Section 482 of the Cr.P.C has been preferred by the petitioner for quashing the charge sheet No.1/47/17 dated 13/8/2023 in connection with Crime No.137/2015, registered at police station Gautampura, District Indore for offences punishable under Sections 420, 467, 468 and 471 of the IPC and other consequential proceedings pursuant thereto.
2 . As per the prosecution, on 26/7/2014 co-accused Jeevan and Yashwant had approached the Tehsildar, Depalpur, District Indore for being supplied a trace map with respect to certain lands. For the said purpose they produced a Rin Pustika which contained a seal and signature of the Patwari Halka. On enquiry the Rin Pustika was found to be containing forged seal and signature. On the basis of the same a written complaint was made by the Tehsildar to police station Gautampura, District Indore on the basis of which FIR was registered and investigation was commenced. During the course of investigation it was found that subsequently when co-accused Jeevan and Yashwant had gone for getting back the Rin Pustika they were accompanied by the petitioner on the basis of which he has been implicated for the present offence. Upon completion of the investigation charge sheet has been filed by the police before the Court concerned.
3 . Learned counsel for the petitioner has submitted that the entire allegations as levelled against the petitioner even if taken to be true at their face value do not amount to commission of any offence by them. The petitioner is not the person who had initially approached the Tehsildar and had submitted the Rin Pustika which is stated to be containing forged seal and signature. The only allegation against him is that subsequently when the co-accused had gone for receiving the Rin Pustika, they were accompanied by the petitioner. It is not the allegation that the petitioner has prepared any forged Rin Pustika and has tried to take benefit of the same by using it as genuine. It is further submitted that co- accused Jeevan and Yashwant have already been acquitted by the trial Court by judgment dated 27/12/2023 in Sessions Trial No.40/2021 by the Additional Sessions Judge, Depalpur, District Indore. It is hence submitted that continuation of the proceedings against the petitioner would be a gross abuse of process of law which deserve to be quashed.
4. Per contra, learned Panel Lawyer for the respondent/State has submitted that there is sufficient material available on record to proceed with against the petitioner in view of which the petition deserves to be dismissed.
5. I have considered the submissions of the learned counsel for the parties and have perused the record.
6. The allegation against the petitioner is only to the effect that on second occasion, he had accompanied the co-accused for getting back the Rin Pustika.
It is not alleged against him that he had prepared the forged Rin Pustika and had attempted to use the same as genuine. He is also not alleged to have approached the Tehsildar at the initial stage along with the forged Rin Pustika for issuance of the trace map with respect to the land contained therein. There also does not appear to be any allegation of the petitioner having initially itself conspired with the co-accused for the purpose of using a forged Rin Pustika as genuine. It is also to be noted that the main accused Jeevan and Yashwant have already been acquitted by judgment dated 27/12/2023 in Sessions Trial No.40/2021 by Additional Sessions Judge, Deepalpur, District Indore.
7. The allegations as levelled against the petitioner even if taken to be true at their face value do not amount to commission of any offence by him. In view of acquittal of main accused who are stated to have used the forged Rin Pustika as genuine, in my opinion, the continuation of the proceedings against the petitioner would be a gross abuse of the process of law and wastage of precious time of the Court. The the proceedings initiated against the pet