NITIN BALIRAM KHARATMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned APP waives service for the Respondent. Forthwith taken up for final disposal.

(2.) First Information Report ('FIR') was registered being CR No. 355 of 2005 on 30th Nov. 2005 at R.A.K.Marg Police Station, Mumbai against the Applicant for the offences punishable under Sections 279 and 338 of Indian Penal Code ('IPC') and under Sec. 134 of the Motor Vehicles Act, 1988. In this application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code'), it is disclosed that on 30th Nov. 2005 itself, the Applicant was arrested and was released on bail on the same day. It is pointed out that the Applicant is a driver by profession. He made an application for employment to Bhabha Atomic Research Centre ('BARC'), at Mumbai. It is claimed that the Applicant was selected by BARC. The Applicant is relying on the letter dated 19th June 2013 (Exhibit-B to the petition), in which the Assistant Personnel Officer of BARC informed the Applicant that on verification of antecedents of the Applicant, it was revealed that in CR No. 355 of 2005, a charge sheet was filed by Police in the Court of Metropolitan Magistrate, Dadar, Mumbai on 27th Dec. 2005. By the said letter, the Applicant was called upon to submit a copy of the charge sheet and other relevant documents to enable BARC to take appropriate decision.

(3.) In response to the application made by the Applicant on 1st July 2013, the Senior Inspector of Police of R.A.K. Marg Police Station, by letter dated 6th July 2013 informed the Applicant that Police Constable Sangle completed the investigation into the offence and charge sheet was prepared on 27th Dec. 2005. He stated that after examination of the record, it was found that there is no material on record to show whether the said charge sheet was filed in the Court.