GAUTAM BALUPRASAD MISAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Application has been filed under Sec. 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing the First Information Report (for short "the FIR") vide Crime No.297 of 2024 registered on 26/9/2024 with Parola Police Station, District-Jalgaon for the offence punishable under Sec. 7-A of the Prevention of Corruption Act, 1988.

(2.) Heard learned Advocate Mr. Warma holding for learned Advocate Mr. Tiwari for the applicant and learned APP for respondent No.1. There is no necessity to issue notice to respondent No.2 considering the grounds raised and submissions made.

(3.) Learned Advocate for the applicant has taken us through the FIR and also the documents which the applicant has produced in view of the order passed by this Court on 18 th November 2024. It will not be out of place to mention here that on that day itself we were not convinced with the reasons as to why the documents were not produced earlier. However, as the affidavit along with the documents was ready, we permitted the applicant to produce the same. Applicant has produced those documents, which in fact he will have to prove at the time of trial. Those are private documents which cannot be considered when those are produced produced by an accused. Taking into consideration the scope of this application under Sec. 528 of the Bharatiya Nagrik Suraksha Sanhita, we will have to consider the contents of the First Information Report on the face of it.