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cr-apl-319-14j.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (APL) NO. 319 OF 2014

Suresh S/o. Vithalrao Raut,

Aged about 58 years,

Occ. Retired Government Servant,

R/o. Kotwali Ward, Chandrapur,

Dist. Chandrapur.

. . . APPLICANT

...V E R S U S..

1.The State of Maharashtra through

its Police Station Officer,

City Police Station, Chandrpur,

Dist. Chandrapur.

2.Smt. Beena Chandrakant Pandit,

Aged about 60 years, Occ. Retired,

R/o. Kasturba Road, Bazar Ward,

Chandrapur.

. . NON-APPLICANTS

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Shri A.S. Mardikar, Senior Advocate assisted by Shri Sumeet Joshi,

Advocate for the applicant.

Shri S.S. Doifode, A.P.P. for the non-applicant no. 1/State.

Smt. S.P. Giratkar, Advocate for the non-applicant no.2.

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CORAM :- Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATED :- 11.12.2020.

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1.

This application under Section 482 of the Code of Criminal

Procedure, 1973 (Cr.P.C.) lays challenge to the registration of First

Information Report (FIR) dated 20.03.2013 registered at City Police

Station, Chandrapur, vide Crime No.77/2014 for offences punishable

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under Sections 420 and 468 of the Indian Penal Code (IPC). The

applicant being aggrieved by continuation of the above proceedings,

prays for quashing thereof.

2.

The prefatory facts would be necessary to comprehend

better the issues involved and rival contentions:-

The case of the applicant in substance is that, the applicant

was working as Shop Inspector with Municipal Council, Chandrapur.

On 20.03.2014, the complainant lodged a report with the non-

applicant No.1 - Police Station alleging that Shop No.81 of Municipal

Council was leased out to her uncle - Muralidhar Shukla and he was

carrying out his business in the name of ‘Asha Watch Company’ and

after his death, she entrusted the affairs of said shop to Sushil Tiwari.

One Aadesh Tiwari had applied for the issuance of license of the shop

and the applicant in connivance with Aadesh issued license in his

name. It is alleged that license was issued in the name of Aadesh

Tiwari as Proprietor of ‘Asha Watch Company’ by intentionally

changing earlier license of ‘Asha Watch Company’. Though the

applicant is legal representative of the owner of the said shop, Adesh

Tiwari is illegally using the said shop. On 26.12.2008, Aadesh Tiwari in

connivance with the applicant prepared forged license in the name of

Aadesh Tiwari as owner of the said shop by falsely claiming that

original license has been lost. Therefore, the non-applicant No. 2 filed

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FIR with the non-applicant No. 1 bearing Crime No. 77/2014 on

20.03.2014.

3.

The applicant has therefore, filed the present application

invoking power of this Court under Section 482 of the Cr.P.C.. In

substance, the case of the applicant is that registration of the FIR

against the applicant is abuse of process of Court. The change in

register took place on 14.2.2003 by earlier Shop Inspector and it bears

signature of the then Shop Inspector. In the year 2003, the applicant

was not in charge of the said post. The applicant has continued earlier

notings and therefore, no forgery is committed by the applicant.

4.

The non-applicant No.1 filed reply and pointed out that

there is allegation of collusion with Aadesh Tiwari by the applicant. He

deleted name of the original shop owner and the name of Aadesh

Tiwari was shown as proprietor in the license issued under the Shop

and Establishment Act for the said shop. It is further stated that there

is prima-facie material showing involvement of the present applicant in

the crime and therefore, prayed for rejection of the application.

5.

The Non-applicant No.2 filed her reply and stated that

Aadesh Tiwari in collusion w