Dr Shruti Sakharamm Sorte And 7 Others v. The State Of Maharashtra Thr. Pso S Umred Dist.Nagpur And 2 Othres
2025:BHC-NAG:5433-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.1014 OF APPLICANTS : 1) Dr. Shruti Sakharam Sorte, Aged about 35 years, Occ- Doctor, R/o Itwari Peth, Umred, TahsilUmred, District-Nagpur. 2) Mahesh Dnyandev Tawale, Aged about 48 years, Occ-Business, R/o Waghmare Layout, Parsodi, Near Pandit Nehru School, Umred, Tahsil-Umred, District- Nagpur.
3) Sau. Vijaya Nitin Jachak, Aged about 52 years, Occ-Household & Business, R/o Plot No.8, Arvind Society, Narendra Nagar, Nagpur-440 015.
4) Ghanshyam Marotrao Godbole, Aged about 75 years, Occ-Retired Headmaster, R/o Mahakali Nagar, Behind Mahalle Sabhagruha, Manewada, Nagpur.
5) Ramesh Laxmanrao Khambalkar, Aged about 67 years, Occ-Retired, R/o Plot No.23, New Adyalwale Layour, Ahinsa Bhawan, Bypass Road, Opposite Surya Bear Bar, Umred, Tahsil-Umred, DistrictNagpur.
6) Yashwant Manikrao Nandanwar, Aged about 48 years, Occ-Private Service, R/o Plot No.13, Prabhat Nagar, Dighori, Narsala Road,
Nagpur.
7) Sou. Sheela Ravindra Verma, Aged about 55 years, Occ-Housewife, R/o Plot No.13, Giradkar Layout, Waigaon Ghoturli, WCL, Umred, Tahsil-Umred, District- Nagpur-442 204.
8) Sou. Megha Narendra Hedau, Aged about 49 years, Occ-Housewife, R/o Parsodi Waghmare Layour, Near Pandit Nehru School, Umred, TahsilUmred, District-Nagpur. ..VERSUS..
NONAPPLICANTS :
1) The State of Maharashtra, through Police Station Officer, Police Station Umred, District- Nagpur.
2) Police Station Officer, Police Station, Kuhi, District Nagpur.
3) Sou.
Manjusha Purushottam Darwankar, Aged 55 years, Occ.
Private Service, R/o 40, Chintamani Nagari-1, Manewada-Besa Road, Post Parvati Nagar, Nagpur, District Nagpur.
------------------------------------------------------------------------------------------------------------------------------------ Mr A.S. Mardikar, Senior Adv. a/b Mr N.A. Jachak, Adv. for Applicants. Mr K.R. Lule , A.P.P. for the Non-applicant Nos.1 and 2/State. Mr A.P. Thakare, Advocate for Non-applicant No.3. ------------------------------------------------------------------------------------------------------------
CORAM
: ANIL S. KILOR AND PRAVIN S. PATIL, JJ.
DATE : 12/0 6 /2025
ORAL JUDGMENT : (Per : Anil S. Kilor, J.) 1.
Heard.
2.
Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 3.
After hearing for sometime, the learned Senior Advocate Shri Mardikar, on instructions, makes a statement that, he does not want to press the present application for quashing of First Information Report (FIR) No.249 of 2024, dated 06.06.2024, registered with Police Station, Umred, Dist. Nagpur (Rural), for the offences punishable under Sections 465, 468 and 471 read with Section 34 of the Indian Penal Code (IPC) qua the applicant Nos.1, 2 and 4 to 8.
4.
As far as the applicant No.3 is concerned, it is argued that the allegations made in the FIR in question by the complainant i.e. non-applicant No.3 are to the effect that though she did not attend the meeting of the trust held on 27.04.2022, her presence was marked and to show her presence, the accused have forged her signature.
5.
Shri Mardikar, learned Senior Advocate further argues that, on the date of meeting, the applicant No.3 was not the member of the trust and even, she was not present in the said meeting. He therefore submits that the applicant No.3 has been falsely implicated in the alleged offence.
6.
Shri Anil Thakare, learned counsel for the non-applicant No.3 complainant is not disputing the fact that the applicant No.3 was not a member of the alleged meeting.
7.
In that view of the matter, we find substance in the submission of the learned Senior Advocate Shri Mardikar, that the alleged FIR lodged against the applicant No.3 is with the intention to harass and to falsely implicated her in the alleged offence. In the circumstances, if the applicant No.3 is compelled to face the trial, it would amount to abuse of process of law. Accordingly, we pass the following order :- i) The Criminal Application is partly allowed.
ii) The Criminal Application is allowed in favour of
Applicant No.3 - Sau. Vijaya Nitin Jachak and thereby, First Information Report (FIR) No.249 of 2024, dated 06.06.2024, registered with Police Station, Umred, Dist. Nagpur (Rural), for the offences punishable under Sections 465, 468 and 471 read with Section 34 of the Indian Penal Code (IPC) against, is hereby quashed and set aside. iii) The applicant Nos.1, 2 and 4 to 8 are at liberty to move an application for discharge, if they so desire. Rule accordingly.
(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) C.L. Dhakate