BABURAO MOTIRAMJI KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner herein has been arrayed as an accused in the charge-sheet which was filed by the Police in the Court of Judicial magistrate, First Class, Bhandara, on which R. C. C. No. 302/02 has been registered and process is issued against the petitioner along with other accused persons under sections 420, 468, 471 of Indian Penal Code.

(2.) According to the petitioner, he is falsely involved by his wife whose maiden name is Miss. Panchsheela Shyamrao Dongre. According to the petitioner, he has been involved in the offence only on account of incriminating statement given by said Panchsheela wherein she claimed to be innocence and said that the said forged mark-list showing that she had passed the D. Ed. Examination with Seat No. 294 in the year 1982 was made available to her by the petitioner, based upon which she has secured the employment. According to petitioner, statement by Panchsheela that she had filed a case under section 125 of Criminal Procedure Code and whenever the petitioner/ accused used to meet her in relation to the said case, he used to threatened her on the basis of the issue relating to the false mark-list, which he claimed he had given to her, on the basis of which she had secured the job and was serving, was false, and made in order to involve him in the crime falsely.

(3.) In the present petition for quashing of proceedings, the petitioner claims and contends that it is solely on the basis of said incriminating statement of the original accused, he has been involved in the case. There are no imputations whatsoever in the F. I. R. , similarly in his house search conducted by the police after the statement of the original accused Panchsheela, nothing incriminating was discovered from his house. On these grounds he claims for quashing of the proceedings in exercise of this Court's jurisdiction under section 482 of Criminal procedure Code