* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 243 OF 1998 1. Smt.Vaneeta Vishwanath Vishe 2. Shri.Bhagesh Ganu Ambokar ........ Applicants. V/s. 1. Shri. Suresh Giyachand Jodhani 2. State of Maharashtra ....... Respondents. ===== Mr.Balkrishna D. Joshi, adv.for applicants. Mrs.A.A.Mane, APP for State-respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 16TH FEBRUARY, 2009. P.C. : 1. The applicants who are arrayed as accused nos.1 and 2 in the complaint filed by respondent no.1, seek, by the present application filed under Section 482 CrPC, that the same be quashed. Applicant no.1 at the relevant time was serving as Dispatch Clerk and Applicant no.2 as Octroi Superintendent with Ambernath Municipal Council. 2. Respondent no.1 filed Criminal Application No.288 of 1996 (R.C.No.128 of 1997) against the applicants, one Dadasaheb Kamble Ex-President and Councilor of Ambernath Municipal Council, * 2 * Madhavrao Shejul and one Shashikala Ravankar and Ambernath Municipal Council through its President under section 323, 504, 506, 406, 408, 167, 182, 193,211 and 500 read with Section 120-B and 34 IPC. Since, the present application is filed by accused nos.1 and 2 alone, it will not be necessary for this court to go into details of the allegations made against the other accused persons. In the lengthy complaint running into 15 pages, respondent no.1 alleges against the applicants as follows :- . Respondent no.1 a lawyer had filed an application on behalf Mukul Engineering Works for release of goods seized for evading octroi. In January, 1996 he had paid octroi duty by cheque, which cheque was accepted by applicant no.1. She has since been denying receipt of the cheque. Applicant no.2 instructed her not to accept any correspondence on behalf of the Octroi Department. Applicant no.1 also filed a false affidavit in civil proceedings. He further alleges that all the accused persons including the applicants herein started bringing pressure on him to give up the work of Mukul Engineering Works. Then at para-23, he alleges that all the accused persons “in criminal conspiracy and in furtherance of their common malafide intention of defaming and ruining him forever.” 3. By the order dated 15th May, 1997 passed under Section 156(3) CrPC, on the complaint the learned Metropolitan Magistrate directed the police to investigate into the offence. After receiving the report from the police station, the learned * 3 * Metropolitan Magistrate came to the conclusion that he had no jurisdiction to try the complaint. According to him, further investigation into the allegations was also required. Therefore, the complaint was returned to respondent no.1 for presentation to proper court. Thereafter, on 27th May, 1977 against filed the complaint in the same Ulhasnagar court. The learned Magistrate came to the conclusion that the case needs further investigation and directed the same under Section 156(3) CrPC. When the matter came up for hearing on 10th October, 1997 the learned Magistrate after perusing the police report dated 30th September, 1997 held that there was sufficient ground for prosecuting all the accused and issued process under Section 323, 504, 506, 506(II), 507, 408, 500, 162, 182, 193 read with Section 34 IPC. Being aggrieved by that order, the applicants have filed the present application. 4. It has been rightly pointed out by Mr.Joshi that the complaint contains no accusations relating to any of the offences alleged against the applicants. As regards filing of false affidavit, the Civil Court is yet to conclude that the affidavit is false. Therefore, the complaint in that regard is premature. The impugned order exhibits total non-application of mind and hence is required to be set aside and the proceedings quashed. Hence, the order. * 4 * O R D E R (i) The application is allowed. (ii) The order dated 10th October, 1997 issuing process under Sections 323, 504, 506, 506(2), 507, 408, 500, 167, 182, 193 read with Section 34 IPC as against the applicants is hereby set aside. The proceedings of Criminal Case No.128 of 1997 pending in the court of Judicial Magistrate First Class, Ulhasnagar are hereby quashed and set aside as against the applicants. [JUDGE] * 5 *