VIVEK YASHEWANT KHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule, returnable forthwith. Heard finally by consent of the parties. The applicant has filed the present application seeking quashing of the First Information Report dated 06.02.2012 lodged by non-applicant no. 2 with non-applicant no. 1-Police Station Officer, Seloo Police Station, District-Wardha, by which, the crime is registered against the applicant, vide Crime No. 12 of 2012, for the offences punishable under Sections 167, 420, 468, 471, 474, 109 r/w 34 of the Indian Penal Code and Section 13 (1)(d) r/w 13 (2) of the Prevention of Corruption Act, 1988.

(2.) The facts, in brief, giving rise to the present application are as under:

(3.) Shri Mardikar, learned counsel appearing on behalf of the applicant, submits that the present applicant had no role, whatsoever, in granting permission for felling of the trees. He submits that the only role attributed to the present applicant is to sanction the transit pass. He submits that the material placed on record reveals that the transit pass was granted to the applicant, after the case was duly recommended by the Range Forest Officer and Assistant Conservator of Forest. The learned counsel for the applicant, therefore, submits that there is nothing on record, so as to prima facie establish the complicity of the present applicant with the offences for which the first information report has been registered.