Sunil Vasantrao Raut v. The State Of Maharashtra And ANR

933-CrWP-679-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.679 OF 2019 Sunil Vasantrao Raut ..

Applicant

Versus

The State of Maharashtra and another ..

Respondents ...

Mr. G. R. Syed, Advocate for applicant Mr. M. M. Nerlikar, APP for respondent no. 1 - State Mr. N. T. Tribhuwan, Advocate for respondent no. 2 ...

CORAM : SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATE : 7th SEPTEMBER, 2021 PER COURT :

By this petition, relief of quashing of first information report (FIR) bearing crime no. I-46 of 2019 registered with Rahuri Police Station, District Ahmadnagar, for the offences punishable under Section 420, 421 and 422 of the Indian Penal Code, 1860 (IPC), is sought.

2.

The second respondent lodged FIR against the applicants alleging that when the property hypothecated by the applicants while obtaining the loan was sought to be attached, certain machinery which were hypothecated in the bank, were not found in the factory.

933-CrWP-679-19.odt 3.

Thereafter, the applicants have cleared all the dues of the bank on 21-05-2021. No-dues certificate is issued to the proprietary concerned of the applicant.

4.

In view of settlement of the loan account, continuation of proceedings of the FIR and further proceeding in pursuance of the same would be a futile exercise and it would be an abuse of process of law. The petition is therefore allowed in terms of prayer clause 'B'.

[ NITIN B. SURYAWANSHI ] [ SUNIL P. DESHMUKH ] JUDGE JUDGE rrd