Rajesh S/O. Arun Gandhi v. The State Of Mah. Thr. Pso P S Malkapur City Dist. Buldhana And Another.

1 / 2 911.apl171.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 171 OF 2024 Rajesh S/o Arun Gandhi Vs.

State of Maharashtra, Thru. Its PSO, PS Malkapur City, District - Buldhana and anr. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. A.M. Tirukh, Advocate for applicant.

Mr. Anup Badar, APP for non-applicant/State.

CORAM : VINAY JOSHI, AND SMT.VRUSHALI V.JOSHI, JJ.

DATE : 09.02.2024 Heard.

2.

This is an application seeking to quash First Information Report in Crime No.269/2023 registered with Malkapur Police Station, District - Buldhana, for the offence punishable under Sections 420 and 409 of the Indian Penal Code.

3.

It is the informant's case that co-accused Pankaj had business deals with him. On assurance to supply grain materials, the informant transferred him a huge sum of Rs.33,75,000/- by bank transfer and Rs.1,25,000/- in cash. However, goods were not Prity

2 / 2 911.apl171.2024 supplied, hence, the report against main accused Pankaj Agrawal.

4.

It reveals that though the applicant was not named in the FIR, however, during the investigation, it was revealed that the applicant had some business transactions with the main accused and they used to share the profit. On such information, applicant has been implicated in the crime.

5.

Prima facie, we do not see any material against applicant to attract criminality.

6.

Issue notice to the non-applicants, returnable on 26.03.2024.

7.

Mr. Badar, learned APP waives service of notice on behalf of non-applicant/State.

8.

In the meantime, investigation shall go on, but the charge-sheet shall not be filed against the applicant without obtaining leave of this Court. (SMT. VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 13/02/2024 10:51:08 Prity