1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1468 OF 2010 Bhagwandin Ramdayal Verma .... Applicant. V/s The State of Mahararahstra ..... Respondent. Mr. Sayaji Nangare with Mr. P.M. Pawar for the applicant. Mr. S.R. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 30TH APRIL, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. Applicant has filed this application under section 482 of the Criminal Procedure Code for quashing the FIR No.474 of 2009 registered with Bandra Police Station for the offence punishable under sections 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code. 3. The learned Counsel for the applicant submitted that the applicant was residing at Pali Naka, Pareira Wadi, 29th Road, TPS 3, Bandra (West), Mumbai – 400 050. It is submitted that the said Pareira Wadi was demolished in 2 2007 since the plot was being developed under the Slum Rehabilitation Scheme. According to the applicant, he and his family were residing in the said premises and had obtained a Ration Card. During inquiry which was being held by the competent authority, the applicant had produced the said Ration Card. However, the Tahsildar who was the member of the High Power Committee came to the conclusion that the applicant’s Ration Card and the Ration Cards produced by the other occupants were bogus and, therefore, a complaint was filed for the offence punishable under sections 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code. Applicant, thereafter, made an application to the Rationing Officer who, after verification, gave a certificate dated 25/01/2010 stating therein that the Ration Card of the applicant was, in fact, issued by the Rationing Department and it was genuine. Applicant, therefore, has filed this application for quashing the said FIR. It is submitted that the Ration Card of the applicant being genuine, the said FIR is liable to be quashed. 4. Affidavit-in-reply has been filed by Nandkumar Ramhari Gaikwad, Police Sub Inspector attached to Bandra Police Station in which, after verification, it is stated in para 5 that the Ration Card, in fact, is genuine and that they propose to file appropriate report to the concerned JMFC under section 169 of the Criminal Procedure Code. 5. In my view, in view of the affidavit-in-reply filed by the 3 Police Sub Inspector, Bandra Police Station, the complaint is liable to be quashed. The said Sub Inspector has also annexed a copy of the report submitted by the Rationing Officer in which he has mentioned that so far as the present applicant is concerned, Rationing Office, in fact, has issued the said Ration Card to the applicant. The contention of the applicant, therefore, has been accepted by the Investigating Officer. In view of this, the said FIR, therefore, is liable to be quashed qua the applicant only. 6 In the result, application is allowed. The FIR No.474 of 2009 for the offence punishable under sections 420, 465, 467, 468, 471 read with section 34 of the Indian Penal Code registered with Bandra Police Station, Mumbai is quashed and set aside qua the present applicant only. It is clarified that the said FIR is not quashed against the other accused. 7. Application is disposed of. (V.M. KANADE, J.) 4