Bombay High Court
Preeti D/O. Jagdish Wanjari(Accused ... vs State Of Maharashtra Thr. P.S.O., P.S. ... on 18 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor Anil S. Kilor
2025:BHC-NAG:5676-DB
15.APL.200.19 JUDG.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.200 OF 2019
APPLICANT : 1) Preeti D/o Jagdish Wanjari,
(Accused No.1)
Aged about 26 years, Occ- Teacher,
R/o. Mukhayela, Ward No.20, Nr. Jail
Road, Dongargarh, Distt. Rajnandgaon
(Chhatisgarh).
..VERSUS..
RESPONDENTS : 1) State of Maharashtra, through Police
Station Officer, Police Station Ner,
Distt. Yavatmal.
2) Vinod Bhaurao Gode,
Aged about 53 years, Occ: Business,
R/o Shivaji Nagar, Tah. Ner, District :
Yavatmal.
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Mr.S.D. Kalyani, Advocate for Applicant.
Mr S.V. Narale, A.P.P. for the Non-applicant/State.
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CORAM : ANIL S. KILOR ANIL S. KILOR AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 18/06/2025
ORAL JUDGMENT : (Per : Anil S. Kilor, J.)
1. Heard.
2. Rule. The Rule is made returnable forthwith. Heard
finally by consent of learned counsel for the respective parties.
15.APL.200.19 JUDG.odt
3. The present application filed under Section 482 of the
Code of Criminal Procedure, a prayer is made for quashing of the
chargesheet bearing No.32 of 2018 and R.C.C. No.38 of 2018
arising out of First Information Report No.640 of 2017 dated
29.12.2017, registered with Police Station, Ner, Dist. Yavatmal for
the offence punishable under Section 420 of the Indian Penal Code
(IPC).
4. It is the case of the prosecution that, after receiving some
pamphlets delivered to newspapers, the complainant contacted one
Mr. Mishra, promising him to supply boxes of harbal mosquito
repellent sticks (Agarbatti). Accordingly, he supplied such boxes
worth Rs.1,90,000/- against which, as per the FIR, the total amount
was paid, i.e. Rs. 1,76,500/-. It is further alleged that, accused No.1
promised to give demonstration. However, he failed to give such
demonstration, and therefore, the offence came to be registered.
5. Admittedly, the applicant was not named in the FIR. The
offence was registered only against Mr. Mishra. Even, there is
nothing in the FIR to suggest that any grievance was made against
the applicant. However, in the chargesheet, the applicant became
Accused No.1 and Mr. Mishra, Accused No.2.
15.APL.200.19 JUDG.odt
6. The learned A.P.P. points out that since the amount was
received by the applicant in her account, she has been impleaded as
the accused. Even if the statement of the learned A.P.P. is accepted,
the fact remains that there is no allegation against the applicant that
she at any time contacted the non-applicant No.2/complainant or
made any promise him and thereby cheated him in any matter.
7. In absence of any such allegations, no offence constitutes
under Section 420 of the IPC only on the ground that, the
complainant deposited certain amount in the account of the
applicant on the direction of accused No.2. Further, it is evident
from the chargesheet that, she did not retain the said amount in her
account but forwarded it to the account of Mr. Mishra.
8. In the above referred facts and circumstances, as there is
nothing against the applicant which would prima facie show her
complexity in the alleged offence, we are of the opinion that this is a
fit case for quashing of the criminal proceeding against the
applicant. Accordingly, we pass the following order :-
15.APL.200.19 JUDG.odt
i) The Criminal Application is allowed.
ii) The proceeding, namely R.C.C. No.38 of 2018, pending
on the file of learned Judicial Magistrate First Class, Ner, Dist.
Yavatmal, arising out of chargesheet bearing No.32 of 2018
and First Information Report No.640 of 2017 dated
29.12.2017, registered with Police Station, Ner, Dist. Yavatmal
for the offence punishable under Section 420 of the Indian
Penal Code, is hereby quashed and set aside.
Rule accordingly.
(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
C.L. Dhakate
