Ravindra S/O Dagdu Khedekar vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 3829 Bom

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

             CRIMINAL APPLICATION (APL) NO.669 OF 2015



  1.              Ravindra S/o Dagdu Khedekar,
                  aged about 55 years, Occupation:
                  Service, R/o Rajeshwar Nagar,
                  Ajispur Road, Buldhana, Tah.
                  and Dist. Buldhana.                              ....APPLICANT


                                      // VERSUS //


  1.              The State of Maharashtra,
                  Through the Police Station
                  Officer, Buldhana (City) Police
                  Station, Tah. and Dist. Buldhana


  2.              The Deputy Regional Transport
                  Officer, Buldhana, Tah. and Dist.
                  Buldhana


  3.              Pramod S/o Ganpatrao Pohare, aged
                  about Major, Occupation: Nil,
                  R/o Warkari Nagar,
                  Shegaon, Tah. Shegon,
                  Dist. Buldhana                  .... NON-APPLICANTS

  Shri N.B. Kalwaghe, Advocate for the applicant.
  Shri N.S. Rao, APP for the non-applicant No.1 and 2/State.
  Shri A. J. Thakkar, Advocate for the non-applicant No.3.
  ___________________________________________________________________

                               CORAM : Z. A. HAQ AND
                                          AMIT B. BORKAR, JJ.

                               DATE     : 02.03.2021.





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CRIMINAL APPLICATION (APPP) NO.398 OF 2021 IN CRIMINAL APPLICATION (APL) NO.669 OF 2015

1. For the reasons stated in the application, the

application is allowed.

2. Criminal Application is disposed of accordingly.

ORAL JUDGMENT: [PER: AMIT B. BORKAR, J.]

1. By this application under Section 482 of the Code of

Criminal Procedure, the applicant has challenged registration of

the First Information Report No.201/2015 dated 16 th August

2015 registered with the non-applicant No.1-Police Station for

the offence punishable under Section 420 of the Indian Penal

Code.

2. The First Information Report came to be registered

against the applicant with the accusations that by suppressing

the fact that the applicant is handicapped, the applicant obtained

driving licence of Light Motor Vehicle and has been renewed it

from time to time and therefore, has cheated the Government. It

is further alleged that the applicant has filed self declaration

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before the authority that he is handicapped and has obtained

licence of Light Motor Vehicle by suppressing the fact that he is

handicapped. The applicant has therefore, challenged

registration of the First Information Report by filing of the

present application.

3. This Court on 26th October 2015 issued notice to the

non-applicants and on 26th July 2016 issued Rule and granted

stay to the further proceedings. The non-applicant No.1 in

pursuance of the notice has filed reply and has stated that the

applicant has obtained licence of Light Motor Vehicle by

suppressing the fact that he is handicapped person and has

renewed it from time to time. It is further alleged that the

applicant has suppressed the fact that he is disabled and

handicapped person and he is under impression to drive light

motor vehicle. It is further submitted that the applicant has

renewed his motor vehicle licence from 2009 till 2013 which is

valid up to 2013 to 2016. Therefore, it is prayed that there is no

merit in the application. The non-applicant No.3 has filed reply

and has stated that the applicant committed offence under

Section 420 of the Indian Penal Code by suppressing material

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information from the Licensing Authority and has obtained Light

Vehicle Licence from the Competent Authority.

4. Learned Advocate for the applicant has filed

application seeking permission to bring subsequent events on

record stating that during pendency of present application, the

order of cancellation of Light Motor Vehicle Licence by the

Competent Authority was challenged before the Appellate

Authority. Appellate Authority has set aside the order of grant of

licence and remanded the proceedings back to Licensing

Authority for fresh consideration. During pendency of

proceedings before the Licensing Authority, the applicant has

placed on record certificate of Civil Surgeon who has certified

that the applicant is physically fit to drive Light Motor Vehicle.

Copy of the said certificate dated 28 th December 2016 issued by

Civil Surgeon, Buldhana has been placed on record which states

that applicant is fit for driving. Licensing Authority by order

dated 20th July 2017 by placing reliance on the certificate dated

28th December 2016 has renewed licence of Light Motor Vehicle

in favour of applicant.

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5. In view of certificate issued by Civil Surgeon,

Buldhana and the order of Licensing Authority dated

20th July 2017 granting licence to the applicant, we are satisfied

that the continuance of proceeding against the applicant would

amount to abuse of process of Court.

6. On overall consideration of allegations of the First

Information Report, we are satisfied that the ingredients of

offence under Section 482 of the Indian Penal Code are not

fulfilled even if allegations in the First Information Report are

accepted as correct.

7. We therefore, pass the following order:-

(i) The First Information Report dated 16 th August 2015

in Crime No.201/2015 registered with the non-applicant

No.1/Police Station for the offence punishable under Section 420

of the Indian Penal Code is quashed and set aside.

Rule is made absolute in above terms.

                               JUDGE                                    JUDGE
manisha





                                           13 apl 669.15 .jud.odt