BALIRAM S/O ASHROBA KADAPE Vs. STATE OF MAHARASHTRA, THROUGH PRINCIPAL SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, matter is taken up for final disposal at admission stage.

(2.) The three applicants seek quashing of FIR registered at C.R. No. 09/2017 at Ashti Police Station, Tq. Partur, against them for offences punishable u/s 23, 39, 45 & 48 of Maharashtra Money Lending (Regulation) Act, 2014.

(3.) It is the case of the applicant that, applicant no. 1 was a member and leader of Bhartiya Janata Party (BJP) and was President of Zilla parishad, Jalna in 199798. In October 2006, he left the party and contested the election against son of Shri. Lonikar, Guardian Minister of Jalna. Annoyed by the decision taken by applicant no. 1, the Guardian Minister Mr. Lonikar tried to implicate him so as to eliminate any opposition to his son and some complaints were filed against him regarding money lending business so that he should not be in position to contest the election. On the basis of such reports, Asst. Registrar lodged the impugned FIR on 15.05.2007 at Ashti Police Station. The allegations made therein are false. Out and out sale transaction with Murlidhar Kekan and Parbata Pote were falsely described as money lending transactions. The complaint against applicant no. 3 Namdeo is with regard to mortgage transaction of 1998. The Asst. Registrar had inspected his premises on 09.03.2017 and nothing incriminating was found in his house, still the FIR was lodged. The provisions of Maharashtra Money Lending (Regulation) Act, 2014 are not attracted to the alleged transactions. The FIR is abuse of process of law and deserves to be quashed. The applicants have given proper reply and explained all the facts. The applicant no. 2 was a minor a the time of many transactions, still the FIR was lodged.