Vidya D/O Bhalchandra Kulkarni @ Vidya W/O Umesh Wadekar v. The State Of Maharashtra And Another

1027 APPLN.1141.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1027 CRIMINAL APPLICATION NO.1141 OF 2022 Vidya D/o Bhalchandra Kulkarni @ Vidya W/o Umesh Wadekar.

... Applicant

Versus

1. The State of Maharashtra.

2. T. Harish Kumar S/o. Krishna Gopal Tamrakar. ... Respondents ...

Mr. Hrishikesh V. Tungar, Advocate for Applicant. Mr. R. V. Dasalkar, APP for Respondent No.1 / State. Mr. Bhushan Kulkarni, Advocate for Respondent No.2. ...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

01st September, 2023.

Per Court:

.

Heard.

This application has been filed for quashment of the proceedings in R.C.C. No.339 of 2022, pending in the Court of learned Judicial Magistrate First Class, Aurangabad, for the offences punishable under Sections 420, 468, 471 and 120-B of the Indian Penal Code.

In short, the case of the prosecution is that the entries in the P.R. card have been forged way back i.e. during the period from

1027 APPLN.1141.23.odt 2012 to 2018. The report of the Deputy Director of Land Records dated 8th April, 2021 discloses that the property card was opened way back on 4th August, 1980. The entries therein are said to have been forged by the present applicant. The applicant has placed on record certain documents of sterling quality to indicate she was not more than 8-9 years of age in August, 1980. The handwriting expert's report indicate, the handwriting of the alleged entries is that of the father of the present applicant, who is no more. Be that as it may. There is no material to indicate the applicant to have forged the entries in the P.R. card way back in the year 1980. Even she was around 8-9 years of age by then.

In view of the above, we allow the application in terms of prayer clause (B).

[ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga