RAMESH MANOHAR MADAWI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of the learned counsel appearing for the rival parties. Admit.

(2.) The applicant herein has approached this Court invoking inherent power under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), for quashing of First Information Report (F.I.R.) and charge-sheet for offences under Ss. 409, 468 and 471 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C."). By way of amendment, a further prayer is made for quashing and setting aside order dtd. 21/8/2020, passed by the Judicial Magistrate, First Class, Arvi, whereby an application for discharge filed on behalf of the applicant, was dismissed.

(3.) On 26/10/2021, this Court had passed an order permitting amendment of the application for adding the aforesaid prayer, despite objection raised on behalf of the non-applicant No.1/State, by referring to the judgments of the Hon'ble Supreme Court. When this application was finally heard, the said objection was reiterated on behalf of the non-applicant No.1/State, as well as the non-applicant No.2 i.e. informant - complainant.