1 criwp-310.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 310 OF 2011 1. Merwan Kishan Rathod, age 29 years, occuation: labourer, r/of Dhavalkewdi, Tq. Gangakhed, Dist.Parbhani. 2. Vishnu Kishan Rathod, age 19 years, occupation : labourer, r/o as above. 3. Avinash Kishan Rathod, age 23 years, occupation labourer, r/o as above. 4. Kamalbai w/o Kishan Rathod, age 45 years, occup. household, r/o as above. 5. Vivek Kishan Rathod, age 18 years, occup.labourer, r/o as above. Petitioners versus 1. The State of Maharashtra, through Police Station, Pimpaldari, Tq. Gangakhed, District Parbhani, 2. Uddhav Sakharam Kachawe, age 57 years, occup. service, as Branch Manager, Parbhani District Central Co-operative Bank, Branch Office Supa, Tal. Gangakhed, Dist. Parbhani. Respondents ----- Shri V.D. Gunale, Advocate, for the Petitioner. Shri N.R Shaikh, APP, for Respondent No.1-State. Coram: A. H. Joshi and A.R. Joshi, JJ. Date : 05.10.2011. Judgment : ( Per: A.H.Joshi, J.) 01. Rule. Rule is made returnable forthwith by consent, and heard finally. 2 criwp-310.11 02. In this criminal writ petition, the Petitioners are challenging registration of F.I.R. and pray that it be quashed. 03. We had called for information from the Investigating Officer and asked him to file an affidavit on certain points mentioned in our order dated 30.8.2011, which read as follows: (i) Whether the petitioners had submitted the proposals for availing the benefit of crop insurance scheme; (ii) Whether the proposals were signed by them; (iii) Whether the amount of premium was deposited by them. . 04. An affidavit has been filed by the Investigating Officer, wherein all these points have been replied. We have perused investigation papers. It is seen that application for benefit of insurance scheme are purportedly signed by accused persons. Even the holding certificates showing the land in the name of accused persons, are brought on record of investigation. 05. Learned Advocate for the petitioners has argued that these documents are fabricated by other accused persons and the petitioners have not signed the same. 06. Truthfulness of imputation is a matter of investigation. It would be open to petitioners-accused to approach the Investigating Officer and produce before him, evidence in the form of an affidavit and other certificates, if they do 3 criwp-310.11 not hold the land, by procuring record from Tahsil office, to the effect that in the given Tahsil or Sajja, accused persons do not own the land or being landless. However, bare denial in this court, cannot be a ground to quash the F.I.R. 07. We, therefore, dismiss the petition, with observations that the petitioners would be free to collect the evidence referred to in foregoing paras and place the same before the Investigating Officer. Rule discharged 08. We make it clear that, if legal evidence is produced, the Investigating Officer is bound to test the same to his satisfaction and act in accordance with law. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/criwp-310.11