Bombay High Court
Ashok S/O Rameshwar Bhandari vs State Of Maharashtra Thr. Pso Ps ... on 5 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
927-apl-629-20.odt
1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.629 OF 2020
Ashok Rameshwar Bhandari, Aged about Applicant.
60 years, Occup. Business, R/o
Dhamangaon Railway, Tq.Dhamangaon
Railway, District Amravati.
-Versus-
1. State of Maharashtra, through Police
Station Officer, Police Station, Dattapur,
Tq. Dhamangaon Railway, Dist. Amravati.
2. Bhagwan T. Kamble, Aged about 46 years,
Occup.Service, R/o Tahsil Office,
Dhamangaon Railway, Tq. Dhamangaon Non-
Railway District Amravati. applicants
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Mr. P.R.Agrawal, counsel for the applicant.
Mr.A.M.Joshi, APP for the non-applicants.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 5th SEPTEMBER, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
Heard.
2. The application is heard finally with the consent of the
learned counsel for the parties.
3. This is an application seeking to quash and set aside the
Kavita.
927-apl-629-20.odt
Charge-sheet bearing RCC No.131 of 2024 pending before the
learned Judicial Magistrate First Class, Dhamangaon Railway,
District Amravati arising out of First Information Report No.159
of 2020 for the offence punishable under Section 420, 468, 469,
471 and 474 of the Indian Penal Code.
4. The informant, who is working as a Tahsildar has lodged
the report alleging that the applicant during lock down period has
traveled by using forged and fabricated E-travel pass and thus
committed the offence. The applicant is resident of
Tq .Dhamangaon Railway, whilst on 20.03.2020 his daughter went
to Karnja Lad, district Washim for educational purpose. In the
meantime, to combat the pandemic situation, lock down was
declared from 24.03.2020 to 14.04.2020 and extended from
15.04.2020 to 03.05.2020. There was a total prohibition to travel
except proper authorisation i.e. E-travel passes issued by the
concerned Tahsildar.
5. The applicant desired to go to the Karanja Lad to bring
his daughter back. The applicant for that purpose has traveled
from Dhamangaon Railway to Karanja Lad on 23.04.2020 i.e.
Kavita.
927-apl-629-20.odt
during lock down period by carrying E-travel pass. On
30.04.2020, the police came to know that E-travel pass was forged
i.e. why they have seized the pass and then at the instance of report
of Tahsildar, crime has been registered. During enquiry, it was
revealed that disputed E-travel pass was forged and had been
prepared by an employee of Tahsil Office Dhamangaon, namely
Yogesh Kharatkar. The police also recorded statement of Yogesh
Kharatkar, wherein he stated that the applicant had requested him
for issuance of pass on which he himself by practicing fraud,
converted old E-travel pass in the name of the applicant. We have
examined the entire material collected during the course of
investigation, from which it is evident that the applicant has
obtained the pass from Tahsil Office, which was authorised to issue
E-pass. It reveals from the charge-sheet that pass was prepared by
Yogesh Kharatkar employee of Tahsil Office. There is no material
to hold that the applicant conspired with that Yogesh Kharatkar
for preparation of pass.
6. The learned counsel appearing for the applicant relying on
the decision of Supreme Court in the case of Mariam Fasihuddin
Kavita.
927-apl-629-20.odt
Vs. State of Karnataka reported in ALL SCR(Cri.) 217 would
submit that even if prosecution case is accepted, it does not
constitute the offence of cheating and forgery. He took us to the
several paragraphs of the said decision, wherein, it is observed that
where the mother has forged signature of her minor son for
passport, there is no deceitful intention nor the state has been
defrauded. The said act can be construed as an unlawful act but fails
short to establish the offence of cheating and forgery.
7. Herein, though the applicant has used alleged fabricated
E-travel pass however, it was issued from the Tahsil Office which
was authorised to issue the same. One cannot assume the
applicant's knowledge about forgery committed by the employee of
Tahsil Office. In view of the above, the police paper does not
make out a prima facie case to constitute the offences as alleged as
regards to the applicant. In the circumstances, continuation of the
prosecution amounts to abuse of the process of the Court. In view
of that application is allowed.
8. We, hereby, quash and set aside the charge-sheet bearing
RCC No.131 of 2024 pending before the learned Judicial
Kavita.
927-apl-629-20.odt
Magistrate First Class, Dhamangaon Railway, District Amravati
arising out of First Information Report No.159 of 2020 registered
with Police Station Dattapur district Amravati Rural for the offence
punishable under Section 420,468,469,471 and 474 of the Indian
Penal Code to the extent of present applicant only.
9. Criminal Application stands disposed of.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 09/09/2024 11:14:22 Kavita.
