SARFARAZ TAJAMMUL ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition, the Petitioner is seeking quashing of FIR dated 26.03.2019 registered at Shantinagar Police Station, Bhiwandi, Dist.-Thane bearing C.R. No. 336 of 2019 for the offence punishable under Section 379 of the Indian Penal Code. The present Petition has been filed for quashing of FIR with consent of Respondent No.2 (original Complainant).

(2.) The Petitioner is working with Bhiwandi Nizampur City Municipal Corporation. Respondent No.2 had caused the aforesaid FIR to be registered on the basis that in March, 2019 when working as supervisor of a company called Eagle Infrastructure Limited India engaged in supplying drainage pipes to the said Municipal Corporation, he found that 58 such pipes were missing. The said Respondent believed that the aforesaid pipes had been stolen and on that basis the said FIR stood registered. The police initiated investigation upon registration of the said FIR.

(3.) According to Respondent No.2, upon further inquiry into the matter, it came to his knowledge that the said missing pipes were not stolen but they were utilized by the Municipal Corporation in the on going work. On this basis Respondent No.2 realized that the FIR stood registered mistakenly against the Petitioner.