BEJJAN H BHARUCHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed by original accused No. 3 for quashing the Criminal Case No. 166 of 1992 pending in the Court of JMFC, 5th Court, Thane. The above criminal case filed in the Court of JMFC, 5th Court, Thane is an instance of frivolous litigation entertained by the Magistrate on which process has been issued against all the accused.

(2.) THE Criminal Case has been filed as a private complaint by respondent No. 3 for the alleged offences under sections 193, 196, 197, 199, 200, 202, 120-B and 34 of the Indian Penal Code. The above offences pertain to giving false evidence, using evidence known to be false in the Court, issuing false certificate, making false statement in a declaration which can be received in evidence, using false declaration as true and intentional ommission to give information of offences by person bound to inform and for conspiring to commit the aforesaid offences. The said complaint for the aforesaid offences is filed on the following allegations.

(3.) THE respondent No. 3 had filed Criminal Case No. 1058/83 in the same Court against respondent No. 4 for offence under section 420 in respect of the affairs of co-operative society of which the respondent No. 3 complainant and the respondent No. 4-accused were the members. That was also a private complaint. The above previous complaint was on board before JMFC on 22-10-1991 wherein application was made on behalf of the accused in that complaint who is respondent No. 4 herein for exemption from appearance on that day on ground that the accused had to attend the funeral of the union leader who was working in the same factory. Accordingly the exemption was granted. Those accused were working in Godrej and Boyce Mfg. Co. Ltd. who is arraigned as accused No. 2 in the present complaint. According to the respondent No. 3 complainant false application was made for exemption before the trial Court in the earlier case on 22-10-1991 on behalf of the respondent No. 4 in order to attend the funeral of the union leader though he had attended the above factory on that day. He, therefore, addressed a letter dated 30th October, 1991 to the Factory Manager of Godrej and Boyce Mfg. Co. Ltd. asking him to give letter stating that respondent No. 4 had attended the work on 22-10-1991. A copy of the said letter is annexed at Exhibit A to the present complaint which appears of the paper book of this petition. That letter was replied to by the petitioner on 5-12-1991 stating that it was a matter of private dispute between the complainant and respondent No. 4 who is their workman and, therefore, they did not wish to involve themselves in the matter. Thereafter the present complaint was filed being Criminal Case No. 166 of 1992 against the petitioner who was the Personnel Manager of Godrej and Boyce Mfg. Co. Ltd. as accused No. 3 and the company as accused No. 2. The accused No. 4 in the said complaint is respondent No. 4 and his Advocate has been joined as accused No. 1 He is respondent No. 5 in this petition.