Yogesh Mahadevrao Khandare v. State Of Mah., Thr. P.S.O. Ps Dharani, Tqdharani Distamravati

3 aba 65-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 65 OF 2020 Yogesh Mahadevrao Khandare ...Versus...

State of Maharashtra through PSO, P.S. Dharani, Tq. Dharani, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri S.V. Sirpurkar, Advocate for the applicant Shri M.K. Pathan, APP for respondent/State CORAM : N.B.SURYAWANSHI, J.

DATE : 16/06/2021 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No. 0032/2020, registered with Dharni Police Station for the offence punishable under Sections 420, 465, 468 and 471 r/w Section 34 of the Indian Penal Code. On 14/01/2020, First Information Report was lodged by one Vinod Gurudas Dhangar, alleging that for obtaining the contract, a bogus certificate of experience was submitted by the applicant and thereby he deceived the Government and obtained the contract.

3.

There is no dispute that the applicant has successfully completed the contract. The experience

3 aba 65-2020.odt certificate is already attached by the investigating agency. On going through the investigation papers and the reply filed by the investigating agency, it appears that there was a dispute between the applicant and his employee Atul alias Shailesh Bhaskar Wagh. According to the applicant, Shailash Wagh prepared the said certificate and presented it at the time of obtaining contract.

4.

The applicant was granted interim protection vide order dated 24/02/2020. The applicant has attended the concerned Police Station and has cooperated in the investigation. It appears from the record that investigation is almost complete and custodial detention and/or interrogation of the applicant is not warranted, in the facts of the present case. Hence the following order : (i) The application is allowed in terms of the interim order dated 24/02/2020.

(ii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer till the filing of the charge-sheet.

(iii) The application is disposed of.

JUDGE J.Pethe