Bombay High CourtAPL/147/2015allowed

Vishal S/O Ramprasad Rao And Another v. State Of Maharashtra, Through P.S.O. Gondia City, Gondia

2015-07-01Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (Apl) NO. 147 OF 2015.

Vishal Ramprasad Rao and anr. ..vs.. State of Mah. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.D.Karode, Adv. for the applicants no.1.

Mr.M.S.Chandwani, applicant no.2 in person.

Ms.N.Mehta, APJP for the State.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : JULY 1, 2015.

Heard Advocate Mr.Karode for the applicant no.1 and learned Additional Public Prosecutor for the respondent. Applicant no.1 as also applicant no.2 are present before the Court. Advocate Karode invites attention to averements in paragraph No.6 of the application to urge that the dispute has been amicably settled between the parties and hence FIR should be quashed and set aside with consequential Regular Criminal Case. Learned Additional Public Prosecutor has submitted that as prima facie case of offence under Sections 465, 468, 471, 420 and 109 of the Indian Penal Code has been made out, as laid down by the Hon'ble Apex Court in the case of Narinder Singh and ors. ..vs.. State of Punjab and anr. reported in (2014)6 SCC 466, this Court should not interfere.

We find that the dispute is between Laboratory Technician and customer alleging the fabrication of report. There is no public law element involved. Hence, accepting the joint request, we quash and set

2 0107apl147.15.odt aside FIR No.82 of 2012 and Regular Criminal Case No.508 of 2012 pending on the file of Chief Judicial Magistrate, Gondia. Application is accordingly allowed and disposed of. JUDGE JUDGE Chute.