In this criminal application under Section 482 CrPC, the applicant sought quashing of an FIR alleging false record preparation while serving as a Talathi. The Court examined investigation reports indicating intent to cause pecuniary loss and rejected the application.
Criminal application rejected; interim relief vacated; rule discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appln137-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 137 OF 2008
Vijay s/o Khandu Mane Age : 39 years, Occu: Service as Talathi, R/o Bhadgaon, Tq. Bhadgaon, Dist. Jalgaon. . . . Applicant
VERSUS
Mr. B. G. Sagade – Patil for the applicant. Mrs. S. V. Chaudhary APP, for respondent - State. Mr. V. P. Patil for respondent No.2.
CORAM : T. V. NALAWADE AND K. L. WADANE, JJ. DATE: : 5th July, 2018
JUDGMENT ( Per K. L. Wadane,J.):
parties, the application is taken up for final hearing.
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Appln137-18.odt Criminal Procedure for relief of quashing of first information report bearing Crime No. 109 of 2007 registered with Police Station Bhadgaon, Dist. Jalgaon, for the offence punishable under Sections 464, 468 of the Indian Penal Code.
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Appln137-18.odt entries in the 7/12 extract about the area of sugarcane and he has recorded only 3 H 85 R area under the sugarcane crop. In fact, sugarcane area was to the extent of 6 H and 46 R and due false recording, there was huge monetary loss to the complainant. The complaint made grievance to the higher officer of the applicant, on which, enquiry was conducted by the Tahsildar, Bhadgaon and during enquiry and after visit to the agricultural land of the respondent No.2, the Tahsildar came to the conclusion that earlier record prepared by the applicant Talathi was false and accordingly it was intimated to respondent No.2.
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Appln137-18.odt Tahsildar has sent report to the Collector. Therefore, from the papers of investigation, it appears that the applicant has prepared false record with an
intent to cause pecuniary loss to respondent no.2. Thus looking to the
contents of the first information report and the statements of various witnesses, prima facie it appears that there are sufficient ground to proceed further against the applicant and no case is made out to quash and set aside the first information report.
relief is vacated. Rule stands discharged.
JPC
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1 issue framed by the court
Whether the First Information Report lodging accusation of criminal misconduct regarding false record preparation by an official should be quashed under Section 482 CrPC.
1 provisions across 1 enactments
Vijay s/o Khandu Mane
The State of Maharashtra
Smt. Latabai w/o Chintaman Patil
K. L. Wadane
T. V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
