RAMESHBHAI NARANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ-application under Article 226 of the Constitution of India, the writ-applicant - original accused, at present in the judicial custody, has prayed for the following reliefs:

(2.) On 23rd August 2016, one Shri J.M.Patel, Police Sub-Inspector, Crime Branch, Ahmedabad city, lodged an FIR against the writ-applicant herein for the offence punishable under Sections 489(B)(C) and 120B of the Indian Penal Code.

(3.) According to the case of the prosecution, the writ-applicant herein was found to be in possession of counterfeit notes of the denomination of Rs. 1000. In all, 200 counterfeit notes of the denomination of Rs. 1000 was recovered from the possession of the writ-applicant herein. The necessary panchnama in accordance with law was drawn and the writ-applicant was arrested. The case of the writ-applicant herein is that an absolutely false case has been instituted against him at the instance of one Dhanabhai Mahadevbhai Chaudhary. According to him, Shri Chaudhary is an influential person. Shri Chaudhary has to pay Rs. 20 lac to the writ-applicant herein in connection with a business transaction, and with a view to avoid such payment, Shri Chaudhary, in collusion with the police, got instituted an absolutely false case against the writ-applicant having found to be in possession of the counterfeit notes.