1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.2273/2009 (Prabhakar s/o Balkrushna Gaikwad and another vs. The State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.G.Gangapurwala, Adv., for the applicants. Mr. D.R.Korde, APP, for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:25/8/2009 ... P.C.: 1. Heard learned Counsel for the applicants/accused and learned A.P.P. 2. Applicants herein are said to be purported purchasers of the wheat which is allegedly routed from Shrirampur, to be sold to unauthorized persons in the market, though it was meant for distribution to the beneficiaries under Government scheme. On inquiry to learned A.P.P., as to the role of the accused/applicants, he invited my attention to the 2 statement of Driver Shaikh Shamsoddin Shaikh Sharifoddin, dt. 12.5.2009, in which he has stated that when the goods were loaded from Shrirampur godown, at that time Prabhu Patil and Uddhav Patil asked him not to carry the goods to Dharur but goods should be taken to Hyderabad in the market. 3. There is no other statement to implicate the accused/applicants herein. Shaikh Shamsoddin himself is the accused in the proceedings. Learned A.P.P. is unable to place on record any other material against the acused showing their direct or remote involvement in the matter. Hazy statement of the driver by itself will not be making a case against the present accused/applicants for an offence under Sections 420, 467, 468, 471 of IPC read with 3 and 7 of Essential Commodities Act. The affidavit of Prabhakar Narharrao Belsare, investigating officer in this case, at page 23 onwards, is conspicuously silent as to how 3 during the search duplicate bills were found and it transpired that the bills could not be accounted by the present accused/applicants. However, these duplicate bills, by itself, will not be sufficient to connect the present accused/applicants. In the situation, there is prima facie no material against the accused/applicants. 4. The exercise of powers under Section 482 Cr.P.C., though is to be sparingly done, however, considering the nature of investigation carried and reading the FIR as a whole, I find that the prosecution against the present applicants/accused will be a persecution, harassment and humiliation. The proceedings initiated against the applicant/accused (1) Prabhakar s/o Balkrushna Gaikawad and (2) Uddhavrao s/o Balkrushna Gaikawad, in Crime No.88/2009, dt.12.5.2009, registered at Kaij Police Station, is quashed. Application allowed 4 accordingly. (K.U.CHANDIWAL) JUDGE ... agp/2273-09crapl ...