Nilesh S/O Sureshrao Khasbage vs State Of Mah., Thr. Pso P S Warud ...
2021 Latest Caselaw 12679 Bom

                                              1                               28-apl-1099-19j.odt



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

            CRIMINAL APPLICATION (APL) number 1099 OF 2019

  Nilesh S/o. Sureshrao Khasbage,
  Aged about 34 years, Occ. Service,
  R/o. Nagpur Road, Behind Shakuntal Vihar,
  Indira Square, Warud,
  Dist. Amravati-444 906
  Cell number 78575350419.                                                  . . . APPLICANT

                         ...V E R S U S..

  1. State of Maharashtra through
     PSO, Police Station, Warud,
     Dist. Amravati.

  2. Naib Tahsildar,
     (Laxmikant Sitaram Tiwari),
     Election Division, Tahsil Office,
     Warud, Tah. Warud, Dist. Amravati.

  3. Prakash Rajaramji Khasbage,
     Aged about 59 years, Occ. Business,
     R/o. Sawta Square, Warud,
     Tah. Warud, Dist. Amravati.                                    . . NON-APPLICANTS

 ------------------------------------------------------------------------------------------------
 Smt. S. W. Deshpande, Advocate for applicant.
 Shri V. A. Thakre, A.P.P. for non-applicant no. 1/State.
 Shri H. D. Futane, Advocate for non-applicant no. 2.
 Shri Rahul Dharmadhikari, Advocate for non-applicant no. 3.
 -----------------------------------------------------------------------------------------------

                  CORAM :- V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATED :- 06.09.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

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2. Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

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

Criminal Procedure, the applicant is challenging the charge-sheet no.

33/2019, dated 06.03.2018 consequent to First Information Report

(FIR) no. 374/2018, dated 02.07.2018 for the offence punishable

under Sections 420, 468, 471 r/w. Section 34 of the Indian Penal Code.

4. The FIR came to be registered against the applicant with

accusations that the complainant is working in the Election

Department. It is stated that he has received a complaint that the

applicant has prepared forged Election Card by using EPIC number

MT/22/121/363679 and when the said fact is verified by the

complainant, it was reveled that the said EPIC number is in the name

of Rajesh Kothe, resident of Warud. Therefore, the FIR was lodged

against the applicant. The Investigating Agency carried out the

investigation and recorded statement of the witnesses, including

statement of Rajesh Kothe, in whose name the said EPIC number was

registered. The Investigating Agency after completion of the

investigation filed charge-sheet against the applicant. The applicant

has therefore challenged the charge-sheet by way of the present

application.

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5. This Court on 11.11.2019 issued notice to the non-

applicants. The non-applicant no. 1 has filed reply stating that during

the course of investigation, the Investigating Agency has recorded

statement of various witnesses and the fabricated card and other

documents were seized. It is stated that on perusal of the charge-

sheet, it reflects involvement of the present applicant and role played

by him.

6. We have carefully considered the allegations in the FIR

and material produced in the form of charge-sheet. The statement of

Naib Tahsildar - Laxmishankar Sitaram Tiwari was recorded, who

stated that EPIC number MT/22/121/363679 used by the applicant is

in the name of Rajesh Kothe, resident of Warud; the applicant has

used the said EPIC number; affixed his own photograph on the Election

Card. It is stated in the said statement that the EPIC number issued by

the Election Commission is unique and no other person can be allotted

the same EPIC number. The Investigating Agency has also recorded

the statement of Rajesh Kothe, whose EPIC number has been used by

the applicant. Rajesh Kothe has stated in his statement that his Election

Card was lost 10 years back and he was called by the Investigating

Agency 3-4 months back. The charge-sheet also contains an

application made by the applicant, who had applied for death

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certificate of his mother. The applicant has also filed an application

with Sarpanch on 23.08.2017 seeking proof of residence.

7. Though, the applicant had denied the allegations and has

disputed the contents of the material used by him, this Court is not

excepted to adjudicate whether the material in the charge-sheet is

genuine or not. In our opinion, there is prima facie evidence in the

form of statement of Rajesh Kothe and Laxmishankar Sitaram Tiwari,

SDO, who have implicated the present applicant. In our opinion, truth

or otherwise of the material in the charge-sheet needs to be

adjudicated in the full-fledge trial.

8. On overall consideration of the material in the form of

charge-sheet, we are satisfied that this is not a fit case to exercise

powers under Section 482 of the Code of Criminal Procedure.

9. The Criminal Application is therefore dismissed. Rule

discharged.

                               JUDGE                                 JUDGE




RR Jaiswal