1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3179 OF 2011 Mr.Ravi Narsimha Moorthy .. Petitioner V/s State of Maharashtra & Ors. .. Respondents Mr.Dinesh Tiwari for the petitioner. Mr.Saeed Akhtar for Respondent Nos.3 & 4. Mr.V.B.Konde-Deshmukh, APP for Respondent Nos.1 & 2. Mr.Bhagwan Chate, Senior P.I., Borivali Police Station, present. CORAM: A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE: 7th December, 2011. P.C.: 1. Heard learned counsel appearing for the parties. This petition is for quashing of FIR No.239 of 2011 dated 13.06.2011 registered with Borivli Police Station. 2. The principal grievance of the petitioner is that the allegations in the FIR even if taken as it is, does not make out any case against the petitioner. Besides, the allegations are baseless and malafide. The complainant being sister of the petitioner has made those allegations so as to deprive the petitioner of his rights in the family property. These arguments, though attractive at the first blush will have to be rejected for more than one reason. Firstly, 2 the FIR does indicate involvement of the petitioner in the commission of an offence of impersonation, cheating and forgery. The complaint is also for the offence under Section 120B of the Indian Penal Code, which means that the petitioner is party to the conspiracy. The correctness of the said allegations is a matter for investigation. 3. The learned APP on instructions has pointed out that in the course of investigation the disputed documents were forwarded to the Medical Board of J.J.Hospital, and the said Board is of the opinion that the medical record dated 02.05.2011 to 06.05.2011 appears to have been fabricated. In the opinion of the Medical Board the most consistent cause of death is Bacterial Lobar pneumonia with cardiomegaly as associated condition. The Medical Board has also opined that the final cause of death given by PM Doctor and Dr.P.R.Vyas does not appear to be relevant to the actual Gross & Histopathological findings of Medico-Legal Post Mortem examination. 4. To get over this position, counsel for the petitioner submits that since senior IPS Officer is interested in the matter, the Medical Board has been constituted to give the above opinion. It is not 3 possible to accept this extreme argument unsupported by any factual basis. The Medical Board is an independent Board of the J.J.Hospital. There is no reason to doubt the credibility of the said Board on the basis of oral argument made by the counsel for the petitioner. 5. Suffice is it to observe that the material gathered during the investigation, prima facie, reveals complicity of the petitioner in commission of the alleged offence, which issue will have to be fully investigated. No case for quashing of the FIR is made out. In the fact situation of this case, the argument of malafide cannot be used as a shield to scuttle the criminal process which has commenced after registration of the FIR. 6. We place on record the submission of the learned APP that the petitioner has not submitted to the jurisdiction of this Court and has yet chosen to challenge the FIR. For the reasons already recorded, it is not necessary to elaborate on this submission of the learned APP. That can be raised before the concerned Court, if the petitioner persists in not submitting to the jurisdiction of the Court of competent jurisdiction. 7. Petition is dismissed with the above observations. 4 8. We make it clear that the dismissal of this petition or any finding recorded in this order is only for the limited purpose of considering the argument of the counsel for the petitioner for quashing of FIR. That will not come in the way of the petitioner before the concerned Court where the matter ought to proceed on its own merits in accordance with law. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)