Narsingdas S/O Surjamal Sarda And ... vs State Of Maharashtra Sales Tax ...
2017 Latest Caselaw 7348 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

              CRIMINAL APPLICATION (APL) NO.586/2012

 1. Narsingdas s/o Surajmal Sarda,
    aged about 50 years, Occ. Business,

 2. Chaturbhuj Surajmal Sarda,
    aged about 45 years, Occ. Business,

      Both r/o Near Venkatesh Temple,
      Dharaskar Road, Itwari, Nagpur.                        .....APPLICANTS

                               ...V E R S U S...

 1. State of Maharashtra through 
    Sales Tax Department, thr. Assistant
    Commissioner of Sales Tax, (Assessment),
    B-252, Civil Lines, Nagpur.

 2. Vijaykumar Jaiswal,
    aged major, Occ. Business, 
    r/o 74, Meera Rahate Colony, Nagpur.

 3. Arvind Vasudev Deshmukh,
      aged major, Occ. Business, 
      r/o 231, Hill Road, Dharampeth 
      Extension, Ram Nagar, Nagpur.                           ...NON APPLICANT
 -------------------------------------------------------------------------------------------
 Mr. H. R. Gadhia, Advocate for applicants.
 Mr. T. A. Mirza, A.P.P. for non applicant no.1.
 -------------------------------------------------------------------------------------------
                               CORAM:- V. M. DESHPANDE, J.

DATED :- 20.09.2017 ORAL JUDGMENT

1. Heard Mr. H. R. Gadhia, Advocate for applicants and

Mr. T. A. Mirza, A.P.P. for non applicant no.1.

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2. According to the learned counsel for the applicants, the

application filed on behalf of the applicant Exh.-96 for discharge was

wrongly rejected by the learned Magistrate and it was wrongly

confirmed by the learned revisional Court by its order dated

14.12.2011 in Criminal Revision No.967/2009.

3. This Court is at pains to point out that the submission of

the learned counsel for the applicants is contrary to the record. The

present application is filed by the applicant no.1-Narsingdas s/o

Surajmal Sarda and applicant no.2-Chaturbhuj Surajmal Sarda. They

are the accused nos.1 and 2 in Regular Criminal Case No.47/2004

filed by the State of Maharashtra through Sales Tax Department. In

the said complaint, accused no.3 was Vijaykumar Jaiswal and

accused no.4 was Arvind Deshmukh.

4. From the perusal of the order passed by the learned

Magistrate below Exh.-1 and 96, it appears that only accused no.3

has filed the application Exh.-96 for discharge. Even that position is

not disputed by the learned counsel for the applicants. In that view

of the matter, the present applicants, who never applied for

discharge are claiming that they be discharged from the proceedings.

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5. Insofar as framing of charge is concerned, law is that if

material is available which gives rise even to the strong suspicion

then the charge can be framed. Mr. Gadhia, learned counsel for the

applicants was unable to counter the submissions made by Mr. Mirza,

learned A.P.P. for the State in that behalf.

6. In that view of the matter, the application is meritless.

The same is therefore dismissed. Interim order stands vacated. Rule

is discharged.

JUDGE

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