JADDASINGH ANTARLAL NAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the petitioner / accused is praying for quashing and setting aside the F.I.R. bearing No.4/2014 for offences punishable under section 457, 380, 511 read with 34 of the Indian Penal Code, 1860 registered against him on the basis of the F.I.R. lodged by Police Naik Mohan Shivaji Patil on 4th Jan., 2014 with Colaba police station, Mumbai.

(2.) Heard learned counsel for the petitioner. By taking us through the entire charge-sheet annexed to the petition, he vehemently argued that there is no iota of evidence against the present petitioner and as such, the F.I.R. so also the resultant charge-sheet and criminal case against the petitioner needs to be quashed and set aside. According to the learned counsel for the petitioner, informant / Police Naik had seen five women sitting in front of shop named and styled as International Currency Exchange India Pvt. Ltd. in the night intervening between 3rd Janary, 2014 and 4th Jan., 2014. After apprehending those five women, suspected them to be thieves, F.I.R. in question came to be registered and during investigation, the present petitioner has been arraigned as an accused when their being no evidence against him.

(3.) As we could not find any prima facie evidence against the present petition in the charge-sheet annexed by him to the petition, we had requested learned APP to furnish photocopy of the entire set of charge-sheet in the matter of F.I.R. No.4/2014 registered with Colaba police station. Learned APP furnished the photocopy of the charge-sheet No.6/2014 arising out of F.I.R. bearing No.4/2014 registered with the Colaba police station, Mumbai for the offences punishable under section 457, 380, 511 read with 354 of the Indian Penal Code.