STATE OF MAHARASHTRA Vs. MANGALA RAJESH KOTHARI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The petition is filed by the State to challenge the judgment and order of Criminal Revision Application No. 2/2013 which was pending in the Court of Additional Sessions Judge, Kopargaon, District Ahmednagar. The Sessions Court has discharged present respondent in a police case filed for the offences punishable under sections 420, 468, 471, 34 etc. of Indian Penal Code. It can be said that section 120-B of I.P.C. also can be used. Both the sides are heard.

(3.) The crime was registered on the basis of report given by one Police Officer, A.P.I. Some incidents of creation of false record for filing claim petitions under the provisions of Motor Vehicle Act were noticed in the Tribunal from Kopargaon. There were 15 such incidents. Inquiry was made by learned Additional District Judge, Kopargaon and he found that forged record of police papers was created by using some crime numbers and by using tricky zerox. In some cases by personification, the claims were filed by persons who were not real victims or relatives of victims of the accident. In some cases, false record of cause of death and injury certificate was created. Even when the death had taken place due to burn injuries and not in motor vehicle accident, false record of death in motor accident was created. It was noticed that in some cases, by filing such false claims, the amount awarded by the Tribunal was also withdrawn. Due to directions given by the higher police officers, investigation was made in to these 15 incidents and then F.I.R. was given by A.P.I.