Allowed

Nadera Sultana W/O Mohammad Jawed v. State of Mah. Thr. Pso Ps Malkapur Tq.Malkapur Dist.Buldhana and 3 Others

Bombay HC18 Apr 2024APL/1214/2022

Case brief

AI extract

What is this about?

This Criminal Application sought to quash an FIR for cheating and forgery. The court allowed the application under its inherent powers because the police failed to investigate for 13 years, lost essential records, and the applicant's pension remained withheld, making the continued proceedings untenable.

What did the court decide?

Permitting the quashing and setting aside of the FIR vide Crime No.3/2011, thereby directing the disposal of the matter in the applicant's favor to protect her retired benefits.

Nadera Sultana W/O Mohammad Jawed Vs State of Mah. Thr… — Intellectual Property | Bombay HC (2024)

¶1

2024:BHC-NAG:4650-DB

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

¶6

CRIMINAL APPLICATION (APL) NO. 1214/2022

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Smt. Nadera Sultana w/o. Mohammad Jawed,
Age 60 yrs., Occ. Retired,
R/o. Gulmohar Park, near Power House,
Pandharkawada Road, Yavatmal,
Tq. & Dist. Yavatmal.

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... APPLICANT

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VERSUS

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1. State of Maharashtra, through Police Station Officer, Police Station, Malkapur, Tq. Malkapur, Dist. Buldhana.

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2. Khurshidabi w/o. Khurshid Hussain, Age 70 yrs., Occ. Retired, R/o. Gandhi Chouk, Malkapur, Tq. Malkapur, Dist. Buldhana.

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3. Kazi Usman Naiyer Kazi Moinuddin, Age 44 yrs., Occ. Not known, R/o. Ward No.10, Parpeth, Malkapur, Tq. Malkapur, Dist. Buldhana.

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4. Khalidulla Khan Fahimdulla Khan, Age 62 yrs., Occ. Driver, R/o. Malavipura Malkapur, Tq. Malkapur, Dist. Buldhana.

¶14

...NON-APPLICANTS

Judgment

22 apl 1214.22

Mr. P.S. Raut, Advocate for applicant.
Mr. I.J. Damle, APP for non-applicant No.1/State

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 CORAM: VINAY JOSHI AND
 MRS. VRUSHALI V. JOSHI, JJ.
 DATE: 18.04.2024.

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ORAL JUDGMENT (PER VINAY JOSHI, J.) :

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Heard.

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2. Admit .

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3.This is an application to quash First Information Report
(‘FIR’) vide crime No.3/2011 registered with Police Station
Malkapur, Tq. Malkapur, Dist. Buldhana for the offence punishable
under Sections 196, 415, 416, 420, 468, 473, 477, 511 read with
Section 34 of the Indian Penal Code.

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4.One member of the education society has lodged report
against several persons alleging that they have issued illegal
appointment of teacher to one of accused namely Kazi Moinuddin,
though he was not qualified at the relevant time. The applicant
(accused No.2) was an Assistant Teacher and she allegedly by joining

Judgment

22 apl 1214.22

hands with the co-accused has been assisted to give illegal
appointment. In pursuance of direction issued by the Magistrate, the
crime has been registered in the year 2011. It is applicant’s prime
grievance that though in the year 2011 crime has been registered, till
date the Police neither investigated the matter nor filed charge-sheet.
The applicant is a retired Assistant Teacher whose retiral benefit
have been withheld due to pendency of the proceeding.

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5.It reveals that one of the accused has challenged the
registration of crime in criminal Writ petition No. 469/2011, wherein
this Court vide order dated 31.01.2012 has stayed the process of
investigation. Latter on, said petition was disposed of since
withdrawn on 04.12.2019, however next five years nothing was done
by the Police.

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6.Facing such circumstances, we have specifically directed
the learned prosecutor to take instruction as to what steps were
taken in connection with Crime No. 3/2011. The learned APP has
produced on record a communication dated 16.04.2024 showing that
the relevant papers are missing being very old and efforts are being

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22 apl 1214.22

made to find out the papers, even calling from the complainant
himself.

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7.It is apparent that the for 13 years, nothing has been
happened, though stay was vacated in the year 2019, for next five
years, no steps have been taken. By the time, the Investigating
Agency is also unable to find out the papers. In the circumstances,
the matter cannot be kept hanging by way of depriving of retired
teacher from getting benefits.

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8.Having regard to the above fact, we deem it appropriate
to invoke our inherent powers. Hence, application is allowed. We
hereby quash and set aside FIR vide crime No.3/2011 registered with
Police Station Malkapur, Tq. Malkapur, Dist. Buldhana for the
offence punishable under Sections 196, 415, 416, 420, 468, 473,
477, 511 read with Section 34 of the Indian Penal Code against the
present applicant only.

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9.Application stands disposed of in above terms.

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 (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane

Nadera Sultana W/O Mohammad Jawed v. State of Mah. Thr. Pso Ps Malkapur Tq.Malkapur Dist.Buldhana and 3 Others

Case brief

What is this about?

What did the court decide?

Nadera Sultana W/O Mohammad Jawed v. State of Mah. Thr. Pso Ps Malkapur Tq.Malkapur Dist.Buldhana and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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