Bombay High Court
Shehejad Khan Salim Khan vs State Of Mah. Thr. Pso Malkapur City Ps ... on 21 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:17644-DB
Judgment 925 apl 247.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 247/2023
Shehejad Khan Salim Khan,
aged about 38 yrs., Occ. Business,
R/o. Malviyapura, Mangal Gate,
Malkapur, Dist. Buldhana,
.... APPLICANT
(ACCUSED NO.7)
VERSUS
1. State of Maharashtra,
through its Police Station Officer,
Malkapur City Police Station,
Dist. Buldhana.
2. Vaibhav Ramesh Deshmukh,
aged about 30 yrs., Occ. Cashier,
HDFC Bank, Malkapur, Dist. Buldhana.
... NON-APPLICANTS
---------------------------------
Mr. Abdul Shubhan, Advocate for applicant.
Mr. M. K. Pathan, Addl. Public Prosecutor ('APP') for State/Non-
applicant No.1.
Mr. P.G. Mewar, Advocate for non-applicant No.2.
----------------------------------
CORAM : VINAY JOSHI AND
M. W. CHANDWANI, JJ.
DATE : 21.12.2023.
Judgment 925 apl 247.23
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ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
3. By this application, the applicant Shehejad Khan (accused
No.7) has invoked our inherent powers vested under Section 482 of
the Code of Criminal Procedure ('Code') to quash charge-sheet
(S.T.No. 30/2022) pending on the file of District Judge-1, and
Additional Sessions Judge, Malkapur, Dist. Buldhana arising out of
crime No. 90/2022 registered with Police Station Malkapur City,
Dist. Buldhana for the offence punishable under Sections 489-B and
489-C read with Section 34 of the Indian Penal Code.
4. It is the prosecution case in nutshell that on 21.02.2022
around 02.30 p.m., co-accused Irphan Patni went to the HDFC Bank,
Malkapur branch for deposit of sum of Rs. 8,37,000/- in the account
of proprietary concern namely Bohara Industrial Oil Ltd. The
informant cashier of the Bank in routine inserted currency notes in
the counting machine, however 38 currency notes having
denomination of Rs. 500/- each were rejected. The informant
Judgment 925 apl 247.23
verified tainted currency notes and found to be fake. The informant
enquired with the accused Irphan Patni as to from where he has
obtained fake currency notes on which he replied that his business
partner co-accused Sheikh Wasim would be in the position to
explain. Co-accused Irphan asked to return 38 fake currency notes,
however the informant denied and lodged report with the concerned
Police Station. On the basis of said report crime has been registered.
Fake currency notes have been seized.
5. The Investigating Officer took both of them in custody.
During interrogation, names of other two accused Imran Sheikh and
Akbar Beg were revealed. It was disclosed that they handed over
those currency notes while purchasing biodigel. In turn, both of
them were also arrested. During course of investigation, name of
one other and applicant Shehejad was disclosed. The telephonic
conversation between co-accused Wasim and witness Haider was
procured. It was revealed that applicant Shehejad was indulging into
circulation of fake currency notes. In that connection, there was
conversation in which name of the applicant was revealed. The
investigation was carried, and on completion charge-sheet has been
Judgment 925 apl 247.23
filed.
6. The learned counsel appearing for the applicant would
submit that besides statement of co-accused, there is nothing to
implicate the applicant in the case. The material collected during
investigation does not make out a prima facie case. It is submitted
that the statement of co-accused cannot be used as a substantive
evidence to implicate the applicant. The applicant is nowhere
concerned with the seized 38 fake currency notes. Nothing was
seized from the possession of the applicant and thus, continuation of
the prosecution amounts to the abuse of the process of Court.
7. Per contra, Mr. Pathan, learned Addl.P.P. strongly
opposed the application by contending that during the course of
investigation, link of the applicant was established. Besides statement
of the co-accused, there is other material to specify the role of the
applicant. Statement of some of the witnesses have been recorded to
indicate that the applicant was a preparator of the crime.
8. Concededly, 38 fake currency notes were neither tendered
Judgment 925 apl 247.23
by the applicant nor incriminating material has been seized.
However, it is the prosecution case that during investigation, it has
been revealed that the applicant is a perpetrator of crime. The
applicant is very much concerned with the Bohara Industrial Oil Ltd.
and to his knowledge counterfeit currency notes have been
circulated. Principally, the applicant is charged with the aid of
Section 34 of the Indian Penal Code. Statement of co-accused
Mohammad Wasim has been recorded. He stated that applicant
Shehejad gave him two fake currency notes having denomination of
500/- and said that he would supply fake currency note of
Rs.6,50,000/- in consideration of Rs.5,00,000/-. Co-accused
Mohammad Wasim stated that the applicant asked him to see the
fellow who could help them, in circulating fake currency notes.
9. The learned counsel appearing for the applicant relied on
the decision of of the Supreme Court in case of Dipakbhai
Jagdishchandra Patel Vs State of Gujarat and another, (2019) 16
SCC 547 to contend that confessional statement of co-accused cannot
be used as substantive evidence. Particularly, our attention has been
Judgment 925 apl 247.23
drawn to para 53 of the decision, wherein it is observed that such
statement cannot be used as substantive evidence, but it can be used
to take into aid provided there exist other material. Learned counsel
appearing for the applicant also relied on the decision of this Court in
case of Parthsarthi s/o. Mukund Shukla Vs. State of Maharashtra,
2002 DGLS(Bom.) 2305 which would not render help to the
applicant.
10. The learned Addl.P.P. took us through the statement of
witness namely Haider Khan who had conversation with co-accused
Mohammad Wasim. He has stated that Mohammad Wasim said to
him that Mohammad Wasim is having a person indulging into fake
currency business. The said person is having fake currency notes and
ready to hand over fake currency notes of Rs.6,50,000/- for
Rs.5,00,000/-. Particularly, Haider Khan stated that the person who
gave such offer to Mohammad Wasim is applicant namely Shehejad.
Contextually, learned APP took us through the transcription of
telephonic conversation between co-accused Mohammad Wasim and
Haider Khan, which prima facie supports the statement of Haider
Judgment 925 apl 247.23
Khan about involvement of the applicant.
11. Learned Addl.P.P. has produced certificate of
incorporation of Bohara Industrial Oil Private Ltd. to impress that the
applicant Shehejad is nominee of a Company. He was very much in
the control of the concern in whose account, the amount was tried to
be deposited. The learned counsel for the applicant would submit
that M/s. Bohara Industrial Oil is a firm which has no concern with
the Company. In response, the learned Addl.P.P. took us through the
statement of Chartered Accountant Mr. Laddha. He has stated that
he is looking after affairs of both partnership firm as well as private
limited company. Particularly, he stated that entire business affairs
of both were looked upon by the present applicant. Thus, prima
facie, control of the applicant over the said concern in which the
amount sought to be deposited has been established.
12. The learned Addl.P.P. would submit that inherent powers
are to be exercised sparingly, carefully and only in cases where there
exist no material at all. Though the powers of this Court are wide,
Judgment 925 apl 247.23
however if prima facie material discloses the involvement they
cannot be used. This Court shall not exercise the powers to stifle the
prosecution at initial stage. The case of the applicant does not fall in
either of the guidelines laid down by the Supreme Court in case of
State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604 and R.P. Kapur Vs.
State of Punjab, AIR 1960 SC 866. The offences punishable under
Section 489-B and 489-C of the Indian Penal Code are quiet serious
as it directly affects the economy of the country. It is a matter of trial
to rebut that the accused has direct nexus with said proprietary
concern. The opportunity must be afforded to the prosecution to
establish the link of the applicant with the seized fake currency
notes. In serious offences prosecution cannot be throttled at its initial
stage.
13. Having regard to the nature of crime, the link is to be
established by various circumstances. At this preliminary stage, we
are unable to agree that there exist no material to satisfy the Court
about false implication. Material available is sufficient to make out a
case to stand trial. Having regard to all above facts and for the
Judgment 925 apl 247.23
reasons stated, we are not inclined to exercise our inherent powers.
Hence, application stands rejected.
(M. W. CHANDWANI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 29/12/2023 11:05:59
