Sanjeev Vedprakash Gaur And ORS v. The State Of Maharashtra And ANR

WP484.14-922.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.484 OF 2014 Shri Sanjeev Vedprakash Gaur & Ors.

).. Petitioners Vs.

The State of Maharashtra & Anr.

).. Respondents ---- Mr.B.D.Joshi for the petitioners.

Mrs.M.H.Mhatre APP for the Respondent-State.

---- CORAM : RANJIT MORE & K.R.SHRIRAM, JJ.

DATE : 5th August, 2015 P.C.

Heard Mr.Joshi learned Advocate for the petitioners and Mrs.Mhatre learned APP for the State.

The petition is filed for quashing the FIR bearing CR No.193 of 2010 registered with Khalapur police station for the offences punishable under Sections 465, 468, 469, 471, 120-B, 193 r/w section 34 of IPC. We have gone through the FIR as well as statement of first informant, copy of which is annexed at Exhibit-H to the petition. The complainant has alleged that the petitioners have fabricated the appointment letter as well as employees provident fund documents in order to use the said KJ 1/2

WP484.14-922.doc documents in the FIR registered against the complainant. The FIR, in our view, prima facie, disclosed commission of cognizable offence. Be that as it may, during the pendency of this petition, investigation is completed and charge-sheet is already filed. The petitioners have alternate efficacious remedy to file Discharge Application before the trial court. In the event, petitioners file such application, the same shall be disposed of independently on its own merits and without being influenced by the observations made in the present order. In above circumstances, we are not inclined to quash the FIR. The same is accordingly dismissed.

(K.R. SHRIRAM, J.) (RANJIT MORE,J) KJ 2/2