Bombay High Court
Vaishnavi W/O. Nishikant Ragatpure And ... vs The State Of Mah. Thr. Ps, Sitabuldi, ... on 7 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11258-DB
Judgment apl1000.23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 1000 OF 2023.
1.Mrs. Vaishnavi w/o Nishikant Ragatpure,
Aged about 37 years, Occupation - Teacher,
Resident of Plot No.24, Chandramani Nagar,
Galli No.4 L, Nagpur.
2.Mr.Tapeshwar s/o Ramdas Ragatpure,
Aged about 43 years, Occupation -
Ration Shop, resident of Ward No.3,
Ram Nagar, Lohri Sawangi,
Taluka Narkhed, District Nagpur. ... APPLICANTS.
VERSUS
1.The State of Maharashtra,
through Police Station Sitabuldi,
District Nagpur.
2.Mr.Govind s/o Laxman Choudhari,
Age 71 years, Occupation - Private,
resident of Plot No.359, Koshtipura,
Behind Hotel Kuber, Sitabuldi,
Nagpur. .. NON-APPLICANTS.
Rgd.
Judgment apl1000.23
2
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Mr. S.I. Khan, Advocate for Applicants.
Mrs. Kolhe, A.P.P. for Non-applicant No.1.
Mr. U.P. Dable, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : OCTOBER 07, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit. By consent of the learned Counsel for the
parties, the matter is taken up for final disposal.
2. This is an application seeking to quash the first
information report bearing Crime No.159/2023 registered with
Sitabuldi Police Station, Nagpur for the offence punishable under
Sections 420, 465, 468, 471 read with Section 34 of the Indian Penal
Code.
3. It is the case of the informant that his son Anup was
unemployed and was admitted in the hospital while he was ill. The
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Judgment apl1000.23
informant's friend namely Ramdas came to see ailing Anup, and
disclosed that his son Nishikant [Ramdas's son], can provide
government employment for Anup. The informant was quite anxious
as he was desirous to get employment for his son Anup, and therefore,
he interacted with Nishikant. It was informed by Nishikant that he
can arrange government job for Anup, but, for that purpose an
amount of Rs.10 to 11 lakhs is required. The informant, a poor
father, agreed to pay the amount to Nishikant [co-accused] for getting
job for his son. Accordingly, the informant has paid an amount of
Rs.1.5 lakhs by cheque and Rs.6 lakhs in cash to the co-accused
Nishikant.
4. Son of the informant was sent to Bokaro Steel Plant, State
of Bihar for training, which lateron turned to be fake. Again
Nishikant sent Anup to Raipur for job with Food Corporation of
India, but, this also turned to be a fake employment. Finally the
informant realized that Nishikant has duped him, hence asked for
return of the amount paid to him. At that time Nishikant handed
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over a cheque of Rs. 5 lakhs to the informant with an instruction that
it would not be credited till Nishikant informs him. Later on
15.09.2018, wife of Nishikant, Vishnavi [applicant no.1] and brother
of Nishikant, Tapeshwar [applicant no.2], also handed over a cheque
of Rs.3.95 lakhs, drawn in the name of another co-accused Ajesh
Shashikumar towards refund of the amount with instructions to not to
deposit. However, as there was no progress the informant went to the
police station and lodged the report.
5. Reading of the police report clearly discloses that the entire
inducement and deception is on the part of the main accused
Nishikant. It reveals that Nishikant has assured for arranging
government job and under said pretext received huge sum from the
informant. Nishikant has also handed over a cheque towards refund
of amount, but, it was not realized. The role ascribed to present
applicants is limited of handing over of cheque of Rs.3.95 lakhs with
instructions not to deposit. The material does not indicate any sort of
inducement, promise or even participation in receiving sum from the
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informant. Notably, the applicants have no concern with the
informant, but, merely they being wife and brother of main accused
Nishikant, had handed over a cheque, perhaps on the instructions of
Nishikant. Moreover, the said cheque was not at all deposited for
encashment.
6. In order to make out a prima facie case there must be some
sort of inducement or material to disclose dishonest intention on the
part of the present applicants. All the allegations are against the main
accused Nishikant. Merely because applicants have handed over the
cheque, who have no connection with the transaction, it is difficult to
put them for trial. The prosecution has not brought other material to
show involvement of applicants in the transaction nor any interaction
with the informant or his son. The material even if accepted as it
stands, it does not make out a prima facie case. In the circumstances,
we hold that applicants have made out a case to exercise our inherent
powers to prevent abuse of process of Court. In view of above
following order is passed.
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7. Criminal Application is allowed and disposed of.
The First Information Report bearing Crime No.159/2023
registered with Sitabuldi Police Station, Nagpur for the offence
punishable under Sections 420, 465, 468, 471 read with Section 34 of
the Indian Penal Code, is hereby quashed and set aside so far as it
relates to applicants - [1] Mrs. Vaishnavi w/o Nishikant Ragatpure
and [2] Mr.Tapeshwar s/o Ramdas Ragatpure only.
JUDGE J UDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 09/10/2024 16:48:41
