RAJIV S MODI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present writ petition is preferred under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973, for quashing the proceedings being Case No.25/S of 2001 filed in the Court of Metropolitan Magistrate, 18th Court, Girgaum Mumbai.

(2.) Respondent No.2 herein is the original Complainant who had filed a complaint against the Petitioner and Respondent Nos.3 and 4 before the Metropolitan Magistrate 18th Court, Girgaum, Mumbai., It was alleged in the said complaint that he is doing the business of subbroker in the stock exchange. As Accused No.1 Pankaj S Modi, who is Respondent No.3 herein, gave him the forged transfer deeds along with 2000 shares of Tata Power Co. Ltd. and cheated him, accordingly police lodged a case against accused No.1 vide CR No.128 of 1998 for the offences punishable under Sections 467, 468, 471, 420, 182 and 211 of the Indian Penal Code. Thereafter accused No.1 was arrested by D B Marg Police and was produced before the Court on 28/01/1999 when a police custody was granted to accused Pankaj S Modi. Thereafter accused No.1 applied for bail and he was released on bail by order dated 06/02/1999. Thereafter a charge sheet against accused No.1 was filed which is numbered as 154/P/2000. It is alleged that the complainant came to know that accused No.1 was never suffering from any serious ailments and it is only the mother of accused No.1 who was hospitalized at Jaslok Hospital and she was undergoing the treatment. It is alleged that the medical certificates submitted on behalf of accused No.1 before the Court while obtaining bail are forged certificates. Thereafter the Complainant through his advocate's letter called the concerned authorities of Jaslok Hospital to give clarification as to whether the said certificates are pertaining to the accused No.1 Pankaj Modi or otherwise. The Complainant also through his advocate addressed a letter to Sr. Inspector of Police to investigate the matter. It is alleged that the authorities of Jaslok Hospital informed that the name of patient is Mrs.Kusumben Modi and not Mr.Pankaj Modi and the certificate is pertaining to Mrs. Kusumben Modi. It is alleged that when the bail was granted to accused No.1, the Petitioner, who was accused No.3 was present in Court and was instructing the advocate. It is further alleged that the advocate for accused No.1 has in fact produced the medical certificates and argued the bail application in the presence of accused No.1. It is also alleged that Accused No.3 i.e. the Petitioner herein, is the brother of Accused No. 1 and, accused No.2 i.e. the Respondent No.4 herein is the wife of accused No.1, who have aided and abetted to prepare and produce the forged certificates before the court and instructed the advocate to produce the said forged medical certificates. It is alleged that the accused have committed serious offence and misled the court while obtaining the bail for accused No.1. The Complainant sent a letter dated 22/06/2000 written by Dr. G R. Jhankharia to the police station, but so far the police have not taken any cognizance of the offence committed by the accused. The Complainant therefore prayed that the complaint be forwarded to Inspector of Police, D B Marg Police Station under Section 156(3) of the Criminal Procedure Code for investigation and further action.

(3.) Taking into consideration the complaint and hearing the complainant, the learned Metropolitan Magistrate, 18 th Court by order dated 30/11/2000 transferred the complaint of Complainant to Sr. Inspector of Police, Dr. D B Marg Police Station for the purpose of investigation and submitting report under section 202(i) of the Criminal Procedure Code and also directed the Sr. Police Inspector to depute a sub ordinate police officer to investigate the offence, if any, as alleged by the complainant and committed by the accused and to submit a report to that Court. It appears that the police had made inquiry and investigation in the matter, and submitted a report stating therein that, accused No.1 was arrested by Dr. D B Marg P Station in Crime No.128/98 and he was released on bail on the basis of the medical certificate produced on record in the said bail application. Accused No.1was released on bail on medical ground, and on the inquiry being done by the complainant it was revealed that the medical treatment was given to a female patient and medical certificate was issued in favour of a male. However, the said certificate has been forged showing the name of Accused No.1 Pankaj as patient. After perusal of the material placed on record including the report submitted by the investigating officer, the learned Metropolitan Magistrate, 18th Court Girgaon, Mumbai came to a conclusion that accused No.1 has committed alleged offences under Section 467, 468, 471, 182 r/w sections 192 and 198 of the Indian Penal Code and, the complainant has made out a prima facioe case against accused Nos.1 to 3. The Metropolitan Magistrate therefore passed an order dated 11/10/2001 thereby issuing process of summons against accused Nos.1 to 3 for the offences punishable under Section 192, 198, 464, 468, 470, 471, 474 r/w 114 of the Indian Penal Code after depositing necessary process fee, and the summons was made returnable on 06/12/2001.