DNYANESHWAR PUNJAHARI BURUNGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Based on a complaint lodged by a police constable an offence being Crime No.I-186 of 2022 registered with Yeola Police Station punishable under Ss. 379, 420, 465, 467, 468, 471 r/w 34 of IPC and Sec. 48(7) of the Maharashtra Land Revenue Code came to be registered and charge-sheeted against the petitioners.

(2.) The petitioner No.2 is allegedly owner of vehicle, a Hyva Dumper/Truck bearing registration No.MH-17-BZ-6555. The genesis of the offence alleged against the petitioners is, the aforesaid vehicle was transporting stolen minor minerals i.e. sand which was intercepted by the complainant, a police constable on 31 st May, 2022 at about 15:00 hrs. (3:00 p.m.). It is claimed that the transit/royalty pass produced by the petitioners since was containing tampering of date and the vehicle was found to be overloading by 49.825 tonnes, the aforesaid offence of theft, forgery came to be registered.

(3.) The submissions of counsel for the petitioners are, from the charge-sheet even if case of the prosecution is taken as correct at its face value, still it can be easily inferred that the petitioners are falsely prosecuted in the offence in question.