Bombay High Court
Mehboob Mohammad Salim Qureshi @ Wasim ... vs Anand Balkrishna Chavan And Ors on 25 January, 2023
Bench: Revati Mohite Dere, Prithviraj K. Chavan
26-1343-2023-WP=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST.) NO. 1343 OF 2023
Mehboob Mohammad Salim Qureshi
(Wasim Qureshi) .. Petitioner
Vs.
1. Anand Balkrishna Chavan
2. Shaik Yakub S/o. Shaik Mahaboob
3. The State of Maharashtra
4. The Senior Police Inspector,
Khalapur Police Station, Dist. Raigad .. Respondents
.....
Ms. Dharini Nagda a/w Ms. Chitra Salunke, Ms. Sheetal Patkar i/b
Ms. Shreya Tiwari for the petitioners
Mr. J.P. Yagnik, APP for the respondent nos. 3 and 4
None for respondent nos. 1 and 2
.....
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATED : 25th JANUARY, 2023.
ORDER :(Prithviraj K. Chavan)
1. Heard learned Counsel for the parties.
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2. Rule. Rule is made returnable forthwith. With the consent of the parties the petition is taken up for final disposal. Mr. Yagnik, learned APP waives service on behalf of respondent Nos.3 and 4.
3. By this petition, preferred under Section 482 of the Code of Criminal Procedure, 1973, the petitioners seek quashing of the FIR bearing C.R. No. 221 of 2022 dated 11.07.2022 registered with the Khalapur Police Station, Dist. Raigad for the alleged offences punishable under Sections 406, 420, 465, 467, 468, 471 r/w 34 of the Indian Penal Code.
4. Facts in brief are as under :-
5. Respondent no.1 is the first informant. He had given his Toyota Innova Crysta, bearing Registration No. MH-12-PQ-4404 to one Jayesh Patil (accused) on hire. Accused - Jayesh Patil however, in breach of the agreement with the respondent no.1, hired the said car to one Ganesh Shelke from Murbad. Another accused Satish Mhaskar promised accused - Jayesh Patil that the petitioner - Wasim Qureshi would give him more rent and, therefore, deposit of Rs.2 lakh given by Ganesh Shelke to the 2 of 4 ::: Uploaded on - 03/02/2023 ::: Downloaded on - 31/05/2023 12:37:23 ::: 26-1343-2023-WP=.doc accused - Jayesh Patil had been returned to Ganesh Shelke by Wasim Qureshi. Subsequently, petitioner Mehboob Qureshi (Wasim Qureshi), through his agent Faijan transferred the said car to a broker namely, Abdulla Khan and ultimately it was agreed to be sold to one Yakub Shaikh at Hyderabad. Yakub Shaikh had sent Rs.9.65 lakhs to Abdulla Khan. Thereafter, Abdulla Khan, out of the said amount, transferred Rs.8.20 lakhs in the name of the petitioner - Mehboob Qureshi (Wasim Qureshi). The possession of the car was delivered to Yakub Shaikh at Hyderabad. It is alleged that the petitioner along with other accused prepared fake NOC and forged the signatures.
6. From the bare look, it is crystal clear that the petitioner has not only committed the offences of cheating, forgery, criminal breach of trust but also used forged documents as genuine.
7. Learned APP has invited our attention to the fact that there are as many as 14 criminal cases registered against the petitioner with Chembur Police Station of similar kind, from which it is clear that the petitioner is a history-sheeter. The list of the offences against the petitioner are as under :-
3 of 4 ::: Uploaded on - 03/02/2023 ::: Downloaded on - 31/05/2023 12:37:23 ::: 26-1343-2023-WP=.doc Sr. Particulars of Under Sections of Police Station No. offences registered Indian Penal Code 1 C.R. No. 143 / 2014 420, 406 Chembur Police Station 2 C.R. No. 106 / 2015 471, 467, 465, 34 Chembur Police Station 3 C.R. No. 92 / 2015 406, 34 Navghar Police Station 4 CR.No. 97 / 2016 394, 324, 323, 341, 354 Chembur Police Station 5 CR.No. 180 / 2017 341, 419, 170, 504, 511 Chembur Police Station 6 CR.No. 385 / 2017 420, 406, 323, 504 Chembur Police Station 7 CR.No. 149 / 2018 420, 406 Chembur Police Station 8 CR.No. 211 / 2018 395, 201, 504, 506 Chembur Police Station 9 CR.No. 245 / 2019 141, 142, 143, 147, 149, Chembur Police Station 324 10 CR.No. 379 / 2019 420, 406, 34 Chembur Police Station 11 CR.No. 203 / 2019 509, 506, 34 Chembur Police Station 12 CR.No. 59 / 2019 420, 406 Chembur Police Station 13 CR.No. 565 / 2020 420, 506, 34 Chembur Police Station 14 CR.No. 45 / 2021 420, 409, 34 Chembur Police Station
8. This is absolutely not a case wherein the prayer of the petitioner can be considered for quashing the proceeding.
9. The Petition is devoid of merits and hence, needs to be dismissed and as such, petition stands dismissed.
10. Rule is discharged.
11. All concerned to act on the authenticated copy of this order. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.] 4 of 4 ::: Uploaded on - 03/02/2023 ::: Downloaded on - 31/05/2023 12:37:23 :::