KBP 1 CRI.WP.569-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.569 OF 2011 Kachkul Makbool Khan ..Petitioner Vs State of Maharashtra and ors. ..Respondents -- Mr.S.S.Lanke, for petitioner. Ms.A.S.Pai, APP for respondent nos.1 and 2 - State Mr.P.D.Vishwasra Rao, for respondent no.3. Mr.Sanjay R. Shinde, P.S.I., Kurar Police Station is present. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 1 st DECEMBER, 2011 P.C.: Heard learned counsel for the parties. 2] The relief claimed in this petition is for quashing of KBP 2 CRI.WP.569-11.odt M.E.C.R./F.I.R. No.1/2010 dated 2 nd July, 2010 registered with Kurar Police Station for the offences punishable under Sections 465, 466, 467, 468, 471, 420, 34 read with 120-B pursuant to the orders passed by the Addl. Chief Metropolitan Magistrate, 24 th Court, Borivali dated 21 st June, 2010 and 22 nd June, 2010 in C.C.No.185/SW/10 below exhibit 1. 3] We have perused the prima facie opinion recorded by the Addl. Chief Metropolitan Magistrate in the order dated 21 st June, 2010. It is not possible to depart from the opinion so recorded considering the fact situation of the present case. 4] The argument of the petitioner that the change in the document, if any, has been caused by the complainant himself, is a matter for investigation and trial. That cannot be the basis to quash the M.E.C.R., as prayed for. The Counsel for the petitioner tried to persuade us to take a view that a civil dispute is pending between the parties regarding the said property and the allegations made against the petitioner, which is subject matter of M.E.C.R., are baseless. The fact that some civil suit is pending between the parties KBP 3 CRI.WP.569-11.odt cannot extricate the petitioner from the liability of prosecution in connection with the offence in question, if the police is able to collect material to indicate complicity of the petitioner in tampering of the document. In the first place, the Investigating Officer would find out whether the document has in fact been tampered. 5] The argument of the petitioner that the document made available to him under the R.T.I. Act does not reveal the allegations referred to by the complainant, is also the matter relevant for investigation, but not for quashing of FIR. The Investigating Officer must have examined those aspects by now, as the investigation is commenced soon after the order passed by the Magistrate in June, 2010. 6] Even the argument of the petitioner that the Investigating Officer has still not visited the Registrar's office does not commend to us. It cannot be the basis to quash the FIR. To succeed in the challenge brought before us, the petitioner has to substantiate that even if the complaint or M.E.C.R. as registered by the police is taken as it is, no allegation is found to indicate the complicity of the KBP 4 CRI.WP.569-11.odt petitioner or that the ingredients of the offence in question. That is lacking in this case. 7] Taking over all view of the matter, therefore, the petition deserves to be dismissed being devoid of merit. 8] Learned counsel for the petitioner lastly submitted that the Investigating Officer has not investigating the matter at all. Learned APP, on instructions from Mr.Sanjay R. Shinde, P.S.I., Kurar Police Station, who is present in Court, has refuted the said submission by placing reliance on the original record, produced before us. She submits that the Investigating Officer has completed the investigation but, he could not file the appropriate police report before the concerned Court as he is still waiting for the expert's opinion in relation to the offending documents. She, however, on instructions, submits that the Investigating Officer shall proceed to file the police report within 10 days from today, with observation that he will submit the supplementary report after the expert's opinion is received. The assurance given by the learned APP is accepted. KBP 5 CRI.WP.569-11.odt 9] Petition is, accordingly, disposed of in the above terms. Ordered accordingly. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]