Bombay High Court
Virendra S/O Suresh Nasre And ... vs The State Of Maharashtra, Through ... on 12 December, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 150 OF 2016
1] Shri Virendra Suresh Nasre,
aged about 40 years, Occ. Business,
2] Sou. Rupali Virendra Nasre,
aged about 36 years, Occ. Household,
3] Ku. Dipali Namdeorao Kamde,
aged about 26 years, Occ. Teacher,
All R/o. 42, Vyawahare Layout,
Gopal Nagar, Nagpur ...... PETITIONERS
...VERSUS...
1. State of Maharashtra,
through Police Station Officer,
Police Station, Narkhed, Distt. Nagpur.
2. The Superintendent of Police,
Nagpur District, Nagpur.
3. Shri Rahul Bhauraoji Nasre,
aged about 37 years, Occ. Business,
R/o. Narkhed, Distt. Nagpur ....... RESPONDENTS
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Shri P.D.Randive, Advocate for Petitioners
Ms. Sangita Jachak, APP for Respondent Nos. 1 and 2
None for respondent No.3
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 12 DECEMBER, 2017 .
::: Uploaded on - 12/12/2017 ::: Downloaded on - 13/12/2017 02:03:37 :::
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JUDGMENT (P.C.)
Admit.
Learned APP waives service of notice for
respondent Nos. 1 and 2.
None for respondent No.3.
Heard finally by consent of the learned counsels
appearing for the parties.
2] The petitioners seek quashing and setting aside
of first information report in Crime No. 148 of 2014 registered
on 26.12.2014 for the offence punishable under Sections
408, 419, 420 and 34 of the Indian Penal Code.
3] In response to the notice issued by this Court,
the respondent No. 1 has filed an affidavit dated 08.12.2017,
stating in paragraph No.4 as under;
"It is submitted here that, the Investigating Officer tried to
find out the material against the present petitioners as well
as other accused persons in pursuance to the First
Information Report registered by the Respondent No.3.
The Investigating Officer also tried to collect the document
such as registration certificate of the Company, PAN, TIN
of the Company, the documents regarding Income Tax
Returns, the document regarding appointments issued by
the Directors of the Company to the employees who were
appointed. The Investigating Officer further tried to seize
the salary slips, dispatch register and other relevant
documents from the complainant/Respondent No.3,
however, the Respondent No.3 fails to submit the
aforesaid documents before the Investigating Officer.
Therefore, the Investigating Officer came to the conclusion
that there is no sufficient evidence to prove guilt against
3 criwp150.16.odt
the accused persons for the offences referred in the First
Information Report. Therefore submitted A Summary
Report before the learned Judicial Magistrate, First Class,
Narkhed".
4] In view of the aforesaid stand taken by the
respondents, the petition is allowed in terms of prayer clause
(i), which is reproduced below.
"(i) Quash and set aside the F.I.R. in Crime No. 148/14
dated 26/12/2014 for the offences punishable under
Sections 408, 419, 420 and 34 of I.P.C. registered with the
Respondent No.1 against the petitioners in the interest of
justice".
Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
Rvjalit
