Bombay High Court
Mohammed Zaheer S/O. Mohammed Shabbir vs The State Of Maharashtra And Anr on 5 February, 2019
Author: R.G. Avachat
Bench: S.S. Shinde, R.G. Avachat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3192 OF 2018
Mohammed Zaheer s/o Mohammed Shabbir,
Age : 35 years, Occu. Contractor (Construction),
R/o Triveni nagar, Younus Colony,
Kat-Kat Gate, Aurangabad APPLICANT
VERSUS
1. The State of Maharashtra,
through Khultabad Police Station,
Tq. Khultabad, Dist. Aurangabad
2. The Superintendent of Police (Rural),
Office at T.V. Centre, Aurangabad RESPONDENTS
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Mr. Sayyed Tauseef Yaseen, Advocate for the applicant
Mr. R.V. Dasalkar, Assistant Public Prosecutor for
the respondent/State
None for respondent No.2, though served
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CORAM : S.S. SHINDE AND
R.G. AVACHAT, JJ.
ORDER RESERVED ON : 25th JANUARY, 2019
ORDER PRONOUNCED ON : 5th FEBRUARY, 2019
ORDER (PER : R.G. AVACHAT, J.) :
This is an application under Section 482 of the Code of Criminal Procedure, 1973. The applicant has prayed for quashment and setting aside the investigation initiated against him pursuant to the ::: Uploaded on - 05/02/2019 ::: Downloaded on - 06/02/2019 03:25:44 ::: 2 criapln3192-2018 First Information Report ("FIR", for short), being C.R. No.375/2017, registered with Police Station, Khultabad, District Aurangabad, for the offences punishable under Sections 379, 420, 468, 471 of the Indian Penal Code ("IPC", for short).
2. Heard learned counsel, appearing for the applicant and learned A.P.P. for respondent No.1/State.
3. Learned counsel for the applicant would submit that the FIR has been lodged by the applicant himself. In no case, the applicant can be made an accused in a crime registered at his behest. Learned counsel made his submissions on the lines of the averments made in the application.
4. We have also heard learned A.P.P., appearing for the State. The papers of investigation have been produced for our perusal.
5. A Swift DZIRE VDI BS IV Car No.MH-20-DJ3885 was purchased by the applicant with the financial assistance from L&T Finance Company in the year 2015. The loan was outstanding. The applicant would repay the same by equal monthly instalments (EMIs). It is the case of the applicant, as is averred in the FIR that on 24th October, ::: Uploaded on - 05/02/2019 ::: Downloaded on - 06/02/2019 03:25:44 ::: 3 criapln3192-2018 2017 by 3.00 p.m., he along with his family members had been to Khultabad in his car. He parked the car in front of the Dargah and all of them went in. On his return, he found the car missing. He took search for the car here and there. He did not lodge the FIR immediately as he was under impression that the car might have been taken away by the Finance Company, as he was in arrears of 2-3 EMIs. When he realized that the Finance Company did not take away his car, he lodged the FIR, pursuant to which the offence punishable under Section 379 of the IPC was registered.
6. The papers of investigation of the crime indicate that the car was found with one Shaikh Babar Shaikh Akhtar. The identity of the car was disclosed from the engine and chassis numbers. He was using the car by changing its number. It was revealed during investigation that the applicant had sold the car to Shaikh Babar Shaikh Akhtar for Rs.5,00,000/-. An agreement of sale was executed between the applicant and Shaikh Babar Shaikh Akhtar on 31st July, 2017. It was revealed from the statement of Shaikh Babar Shaikh Akhtar that he was using the car by changing its number since he was having apprehension that the Finance ::: Uploaded on - 05/02/2019 ::: Downloaded on - 06/02/2019 03:25:44 ::: 4 criapln3192-2018 Company would take away the car as it was hypothicated with it and the loan was outstanding. The car was to be transferred in the name of Shaikh Babar Shaikh Akhtar only after the entire loan on the car was cleared.
7. According to the applicant, since Shaikh Babar Shaikh Akhtar did not pay him the entire sale price, the agreement of sale was cancelled. He had repaid the entire amount received from Shaikh Babar Shaikh Akhtar and got back the car. This is the oral version given by the applicant. On the other hand, the documents on record speak other way round. According to the Investigating Officer, the applicant lodged false FIR and set the criminal law in motion for the reason best known to him. The same amounts to an offence punishable under Section 182 of the IPC.
8. We are prima facie of the view that the applicant had lodged false FIR for the reasons best known to him. Much more facts have surfaced during the investigation. Shaikh Babar Shaikh Akhtar was using the car by changing its number. The same too prima facie appears to be illegal and an offence under the IPC. The investigtaion is in progress, which nails the applicant ::: Uploaded on - 05/02/2019 ::: Downloaded on - 06/02/2019 03:25:44 ::: 5 criapln3192-2018 as well. As such, it cannot be said that allowing the investigation of the crime registered against the applicant would amount to an abuse of process of law. In the result, the criminal application fails and is dismissed.
[R.G. AVACHAT] [S.S. SHINDE]
JUDGE JUDGE
npj/criapln3192-2018
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