Bombay High Court
Bharat S/O. Guljar Satpute vs State Of Maharashtra Thr. P.S.O. ... on 22 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.340 OF 2018
Bharat S/o. Guljar Satpute,
Age : - 47 Years, Occ.: - Service,
R/o. Plot No.44, Omnagar,
Nara Road, Nagpur. . . . APPLICANT
...V E R S U S..
1. State of Maharashtra
Through P.S.O., Ramtek,
Tah.- Ramtek, Dist.- Nagpur.
2. Harihar S/o. Laxman Kawale,
Age :- Major, Occ.: - Service,
R/o. Sai Nagar, Hudkeshwar Road,
Nagpur. . . . NON-APPLICANTS
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Shri A.G.Honge, Advocate h/f Shri N.S.Giripunje, Advocate for the
applicant.
Shri S.D.Sirpurkar, Additional Public Prosecutor for the Non-
applicant no.1.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 22/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. This is an application filed under Section 482 of the
Code of Criminal Procedure challenging First Information Report
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No.42/2018 for offence punishable under Section 420 of the
Indian Penal Code registered with non-applicant Police Station.
4. The First Information Report came to be lodged
against the applicant with the accusation that loan amount of Rs.
4,50,000/- was disbursed to the present applicant on the basis of
the forged documents by the State Bank of India Ramtek branch.
The applicant has approached this Court by way of filing of the
present application challenging the First Information Report
against the applicant. This Court on 12.10.2018 issued notice to
the non-applicants.
5. The non-applicant no.1 has filed reply and it is
stated that the Deputy Manager of State Bank of India, Ramtek
Branch has submitted written complaint in respect of nine loan
applications wherein the loan amounts were disbursed on the
basis of forged documents. It is stated that the applicant had not
purchased car but, submitted RC book and Insurance Policy of the
vehicle bearing registration no. MH31-BE 5688, which was
registered in the name of one Jitendra Joshi.
6. We have carefully considered the contents of the
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First Information Report. During pendnecy of the present
application, the applicant volunteered to deposit entire amount of
dues with the State Bank of India, Ramtek branch. Accordingly,
the applicant has deposited the entire dues with the bank on
20.1.2021.
7. We called upon the learned APP to verify as to
whether the amount of dues of the applicant has been deposited
with the State Bank of India, Ramtek Branch. The learned APP,
after taking instructions from the Investigating Officer, made a
statement that the applicant has deposited entire dues with State
Bank of India, Ramtek branch. State Bank of India has issued
`No Dues Certificate' in favour of the applicant. The applicant has
placed on record `No Dues Certificate' issued by the State Bank of
India, Ramtek branch.
8. After carefully considering the allegations against
the applicant, we are of the view that there are no allegations
criminal intention on the part of the applicant in the FIR. The
applicant has stated in the application that the applicant has no
criminal background. We are therefore, satisfied that the
continuance of the proceedings against the applicant would
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amount to abuse of process of the Court. We, therefore, pass the
following order:
ORDER
(i) The First Information Report No.0042/2018 for
offence punishable under Section 420 of the Indian Penal Code
registered with the non-applicant no.1 - Police Station is quashed
and set aide only against the present applicant ie. Bharat Guljar
Satpute .
(ii) It is directed that the investigation of offences
registered in the First Information Report against other accused
shall proceed in accordance with law.
Rule is made absolute in the aforesaid terms.
JUDGE JUDGE
Ambulkar
