Govind S/O. Shivnarayan Gattani vs The State Of Maharashtra And Anr
2016 Latest Caselaw 2285 Bom

                                                                                        criappln1723.16.doc
                                                       1


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      BENCH AT AURANGABAD 




                                                                                            
                         CRIMINAL APPLICATION NO. 1723 OF 2016    




                                                                    
    Govind s/o Shivnarayan Gattani
    age 55 years, occ. Service
    r/o Nava Mondha, Parbhani                                                  .. PETITIONER

    VERSUS




                                                                   
     
    1.      The State of Maharashtra
            Through Police Inspector,
            Kotwali Police Station,
            Parbhani, Dist. Parbhani.




                                                     
    2.      Shivdas s/o Babasaheb Mundhe
                                
            age 42 years, occ. Business
            r/o Amey nagar, Parbhani                                           .. RESPONDENTS
                               
    Mr. P.K. Lakhotiya, advocate for petitioner.  
    Mr. D.R. Kale, APP for the State.  
                                                          =====

                                                             CORAM :  R.M. BORDE &
      


                                                                        P.R. BORA, JJ.   

                                                             DATE    :  4th MAY, 2016. 
   



     
    ORAL JUDGMENT : ( PER R. M. BORDE, J. )


    1.      Rule.     Rule   made   returnable   forthwith.     Heard   finally   with   the 

consent of learned counsel for the respective parties.

2. Petitioner is praying for quashment of criminal proceeding initiated

against him in pursuance to registration of crime no. 175/2015 on

24.08.2015 at police station Kotwali, Parbhani.

3. Allegations are in respect of commission of offence punishable under

sections 420, 406, 408 r/w section 34 of the Indian Penal Code. Petitioner

is stated to be the peon appointed by one Mr. Pawan and his brother Ashish.

criappln1723.16.doc

The allegations are levelled against the proprietors of the firm i.e. Pawan

and Ashish. The principal accused against whom allegations are levelled

approached this Court by presenting Criminal Application no. 36/2016

praying for quashment of criminal proceeding. Criminal application

presented by the concerned co-accused has been allowed by this Court and

the criminal proceeding initiated as against them are directed to be quashed

by order dated 15.02.2016.

4. Instant petition is presented by the servant of the principal accused

who prima facie does not have any role to play in the commission of alleged

offence. Even otherwise, since the criminal proceedings are quashed as

against the principal accused, those do not survive so far as the present

applicant is concerned. Criminal application therefore deserves to be

allowed and the same is accordingly allowed in terms of prayer clause 'C'.

Rule made absolute.

    ( P. R. BORA )                                                        ( R. M. BORDE )
         JUDGE                                                                  JUDGE

    dyb