1 CRI.APPLN.NO.3181/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3181 OF 2010 1. Satish s/o Tarachand Yadav, Age 20 years, Occu: Student, r/o. Ramnagar Nagar Balajigalli, Jalna. 2. Tarachand s/o Khushalchand Yadav, Age 57 years, Occu: Brick klin r/o as above. 3. Ratnamala w/o Tarachand Yadav, Age 50 years, Occu: Tailoring, r/o as above. ...APPLICANTS. VERSUS 1. The District Superintendent of Police, Jalna, Dist. Jalna. 2. The Police Inspector, Taluka Police Station, Jalna, Dist. Jalna. 3. Shivaji s/o Uttam Bhakre, Age major, Occu. driver, r/o Ranuunchegaon, Tq. Ghansvangi, presently residing at Kharpudi, near Jalna, Dist. Jalna. ...RESPONDENTS ... Mr.A.B.Gaikwad, Adv., for the applicants. Mr.N.B.Patil, APP for the respondent State. Mr.S.J.Salunke, Adv., for R.3. ... 2 CRI.APPLN.NO.3181/2010 CORAM: K.U.CHANDIWAL, J. DATE:7/1/2011 *** PER COURT : 1. The applicants have urged to quash the proceedings vide Crime No.168/20­10, registered at Taluka Jalna Police Station for offense under Sections 384, 385, 386, 392 of IPC read with Sections 32 and 33 of Bombay Money Lenders Act, 1946. 2. On 8.10.2010, upon hearing learned Counsel for the parties, Brother Judge, reading the recitals of the FIR, outrightly dismissed the application to the extent of applicant No.1 Satish, who has been named in the FIR and attributed with active role. 3. Now, the matter revolves to the role of applicant no.2 Tarachand and applicant No.3 Ratnmala. 4. Though the FIR is conspicuously silent, the search of the premises of the applicant having been caused by the investigator, hoppingly discovered 60 stamp papers/ bonds of Rs.50/­ denomination, in the names of applicant no.2 Tarachand or applicant no.3 Ratnamala. 3 CRI.APPLN.NO.3181/2010 This gave rise for the investigator to believe that they have indulged in illegal/unauthorized money lending activities. 5. Reading the entire text of the investigation papers, coupled with the FIR, it is explicit, there is no fleck or specific role attributed against applicant nos. 2 and 3 for the offense of either extortion or robbery or taking away the tractor of the complainant. Consequently, the prosecution, to the extent of offense under Sections 384, 389, 386, 392 of IPC in Crime No.168/2010, against applicant nos. 2 and 3 is quashed. The prosecution for an offense under Sections 32 and 33 of the Bombay Money Lenders Act, 1946, will prevail. Application partly allowed to the extent as above. (K.U.CHANDIWAL) JUDGE agp/3181­10crapl