SANDIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two matters were heard and taken up for final disposal together since they both arise from one and the same FIR and Final Report / Charge Sheet. Both these proceedings seek this Court's interference to quash and set aside First Information Report No. 0518/17 dtd. 23/08/2017 registered at Hudkeshwar Police Station, Nagpur under Sec. 120B, 420, 465, 467, 468, 471, 474 and 36 IPC along with the connected Final Report / Charge Sheet dtd. 18/11/2019 bearing No. 164/2019 pending before the Sessions Court, Nagpur. In Criminal Writ Petition No. 800/2017, we issue Rule. Rule is made returnable forthwith and with the consent of the parties, the same is finally disposed of. Criminal Application (APL) No. 345/2019 filed under Sec. 482 of the Code of the Criminal Procedure 1973 is heard and disposed finally along with the above Writ Petition, with the consent of the parties.

(2.) We had heard these Petitions and reserved our Judgment on 6/2/2023, after which the Petitioners, in Criminal Writ Petition No.800/2017, had filed on 4/7/2023 a Criminal Application No.114/2023 (APPW) seeking to permit the Petitioners to place further documents obtained under the Right to Information Act on record. This application was allowed to be circulated by us and the same was opposed by the Respondents by filing an affidavit dtd. 18/8/2023, after which further arguments were heard, both on the application for production of documents and in the Petition.

(3.) Considering that the application for taking on record additional documents obtained under Right to Information Act is required to be disposed of together with the Petitions, we have examined the documents relied upon by the Petitioners and have allowed the production of the same mainly for reasons recorded in the application. The main allegations in the Writ Petition and application under Sec. 482 Cr.P.C. are that the accused persons have committed the offence of cheating (Sec. 420 IPC) and forgery (Sec. 465 & 468 IPC). The Charge Sheet filed for the said offences is founded upon the allegations that the signatories to the sale deed dtd. 31/3/2017 which is alleged to be subject matter of the act of cheating and forgery, were not authorized to execute such sale on behalf of the Co-operative Society represented by them in the transaction.