DILIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) This application has been moved for quashment of F.I.R. No. 355 of 2020, registered with Gondi Police Station, Tq. Ambad, District Jalna for the offences punishable under Sec. 385, 189, 504, 506 r.w. 34 of I.P.C . and the consequential charge sheet No. 153 of 2021 vide S.C.C. No. 142 of 2021 filed in the Court of J.M.F.C. Ambad.

(3.) The learned advocate for the applicant would submit that there is delay of over 2 days in lodging of F.I.R. The informant is the Gram Sevak of the village. The applicant No.1 Dilip had made a complaint against him for misappropriation of funds some days before the crime was registered against the present applicants. When the alleged incident dtd. 19/8/2020 took place by 3.00 p.m. at the Gram Panchayat office, both the applicants were at Maharashtra Gramin Bank, at Tirthpuri. The investigating officer has collected the CCTV footage which is a part of police papers. According to the learned advocate, only with a view to take vengeance, on the count that one of the applicants, had made a complaint against the informant, the false F.I.R. was filed. According to him, allowing the prosecution to proceed against the applicants would be against the interest of justice. In the facts of the case, he would urge for grant of the application.