GOPAL Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Rule. Rule is made returnable forthwith.

(2.) This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the First Information Report (FIR) lodged against the applicant by the non-applicant No. 2 for the offences punishable under Sections 419, 420, 468, 471, 193 read with Section 34 of the Indian Penal Code vide Crime No. 132 of 2012.

(3.) It is the case of the applicant that he is a businessman. According to him, proceedings No. 12 of 2012 were pending before the S.D.P.O. Gadchandur against him. On 1st of November, 2012, directions were issued to release the applicant on bail on furnishing a solvent surety. Thereafter, the applicant produced a solvent surety namely; Sau. Kalawati Ramdas Lande and provided a document of House Tax Receipt on which the name of Sau. Kalawati Ramdas Lande was mentioned and on that basis the applicant was released on bail. According to the applicant, after a few days, he had received a secret information that documents furnished by him for getting himself released on bail were fake and fraudulent and in that respect non-applicant No. 2 lodged a complaint on the basis of which FIR No. 132 of 2012 was registered. According to the applicant, he had obtained the said documents under the Right to Information Act, which were supplied by the Gram Panchayat Nanda, Tq. Korapana, Distt. Chandrapur, in which the name of Sau. Kalawati Ramdas Lande was mentioned along with the name of her husband - Ramdas Madhao Lande. The applicant has filed the copy of the Assessment List and the copy of the Tax Receipt which show the name of Sau. Kalawati Ramdas Lande. The submission on behalf of the applicant is that in such circumstances, no offence, as alleged in the FIR, is made out against him and the registration of the FIR is an abuse of the process of law.