Allowed

Pankaj Shamkant Mahajan v. the State of Maharashtra and Anr.

Bombay HC17 Feb 2017WP/1460/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Aurangabad considered a criminal writ petition seeking quashing of an FIR registered against the petitioner for offences under Sections 420, 468, and 471 IPC. Relying on previous judgments where similar witnesses were allowed quashing, the court set aside the FIR to the extent of the petitioner.

What did the court decide?

Criminal Case No. 158/2014 registered with Zilla Peth Police Station, Jalgaon is quashed and set aside to the extent of the petitioner.

Pankaj Shamkant Mahajan Vs the State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2017)

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1460.2016 Cri.WP.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.1460 OF 2016

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Pankaj Shamkant Mahajan,
Age 40 Years, Occu-Agri.,
R/o-At Post Nashirabad,
Tq. & Dist-Jalgaon.

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PETEITIONER

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VERSUS

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1. State of Maharashtra Through the Police Inspector Zilla Peth Police Station Jalgaon at Jalgaon.

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2.Kailash Ramkishan Bangar,
Age- 30 years, Occu-Service
Working as Talathi Bhatkhande
(Bk), Tq. Pachora, Dist-Jalgaon
R/o-Ganesh Colony, Pachora,
Tq. Pachora, Dist-Jalgaon RESPONDENTS

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...

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Mr.A.G.Talhar, Advocate for the petitioner
Mr.D.R.Kale, APP for the Respondent/State.

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...

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CORAM: S.S.SHINDE &

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 K.K.SONAWANE,JJ.

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Reserved on : 14.02.2017
 Pronounced on : 17.02.2017

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1460.2016 Cri.WP.odt

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JUDGMENT: (Per S.S.Shinde, J.):

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1]Heard.

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2]Rule.Rulemadereturnable

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forthwith, and heard finally with the consent
of the parties.

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3]This Petition is filed with the

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following prayer:

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B)By appropriate writ order or
direction, Crime bearing No.158/2014
dated 22.12.2014 registered with the
Zilla Peth Police Station, Jalgaon
for the offences punishable u/s 420,
468 and 471 of the Indian Penal Code
may kindly be quashed and set aside
as against the petitioner.

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4]The learned counsel appearing for

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the petitioner submits that there is an

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allegation that the petitioner acted as
witness and signed the agreement to sell

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1460.2016 Cri.WP.odt

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which was entered between Nitin Ramdas Patil

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and Govinda Punja Zatke. He submits that
other two persons namely, Anil Govinda Zatke
and Gopal Ganpat Sirole filed Criminal
Application No.570/2015 [Anil Govinda Zatke
and another Vs. The State of Maharashtra] and
also Janardhan Chudaman Ingale filed Criminal

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Writ Petition No.797/2015 [Janardhan Chudaman
Ingale Vs. The State of Maharashtra and
another], wherein the High Court after

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hearing the parties and keeping in view the
allegations in the First Information Report
acceded to the prayer of the applicants/

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petitioner therein and quashed the First
Information Reports to their extent. He
submits that the present applicant has also
played some role as that of the applicants

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and the petitioner in aforementioned Criminal

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Application / Criminal Writ Petition.

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Therefore, he submits that, for the reasons
which are assigned while disposing of the

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1460.2016 Cri.WP.odt

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Criminal Application No.570/2015 and Criminal
Writ Petition No.797/2015, the First
Information Report bearing Crime No.158/2014
registered with Zilla Peth Police Station,
Jalgaon, for the offences punishable under
Sections 420, 468, 471 of the Indian Penal
Code may be quashed to the extent of the
present petitioner.

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5]The learned APP appearing for the
respondent – State fairly state that role
assigned to the present petitioner in the
alleged offences is like the applicants and
the petitioner in the afore-mentioned
Criminal Application and Criminal Writ
Petition.

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6]We have considered the submissions
of the learned counsel appearing for the
petitioner and the learned APP appearing for
the respondent – State. We have carefully
perused the contents of the agreement and

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1460.2016 Cri.WP.odt

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also role assigned to the petitioner vis-a-

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vis other witnesses, who have signed the
agreement. Same role is assigned to the
present petitioner like other witnesses
namely Anil Govinda Zatke, Gopal Ganpat
Sirole and Janardhan Chudaman Ingale.

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7]Therefore, for the same reasons
which are assigned in the judgment and order
dated 01.04.2015 in Criminal Application No.
570/2015 [Anil Govinda Zatke and another Vs.

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The State of Maharashtra] and order dated
30.11.2015 in Criminal Writ Petition No.
797/2015 [Janardhan Chudaman Ingale Vs. The

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State of Maharashtra and another], and in

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view of the fact that the present petitioner
also stands on the same footing like the
applicants and the petitioner in the afore-
mentioned Criminal Application and Criminal
Writ Petition. Therefore, the FIR bearing
Crime No.158/2014 registered with Zilla Peth
Police Station, Jalgaon, for the offences

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1460.2016 Cri.WP.odt

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punishable under Sections 420, 468 and 471 of
the Indian Penal Code is quashed and set
aside to the extent of the present
petitioner. Rule is made absolute in above
terms and Criminal Writ Petition stands

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disposed of accordingly.

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 [K.K.SONAWANE] [S.S.SHINDE]
 JUDGE JUDGE

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DDC

Pankaj Shamkant Mahajan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Pankaj Shamkant Mahajan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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