1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3260 OF 2009 Smt. Vijaya wd/o Dashrath Thakre, v. The State of Mah. & anr. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. S.D. Khati Adnvocate for the applicant. Mr. A.S. Sonare, A.P.P. for the Respondent no.1. ..... CORAM: A.B.CHAUDHARI, J. DATED : 19 th JANUARY,_2010. In the present application there is a challenge to the F.I.R. registered at Hingna police station. The offences are serious in nature. 2. During the pendency of this application, the complainant has come forward, who was made a party as respondent no.2 in this application. Since it is a police case, it is the State which is the concerned party. This itself shows that the applicant and respondent no.2 joined hands and filed application and wanted an order exonerating the applicant. Applicant is in service in City Survey Department. 3. Learned A.P.P. states that the investigation 2 is underway and it revealed that the allegations against the applicant are serious, i.e. tampering with the Government record and after tampering there is a conspiracy to sell the property in a day. The applicant who is a Government servant has committed the said fraud. Such frauds relating to lands in the district of Nagpur are on increase with the connivance of the Government servants in the concerned department. Such tactics adopted by the applicant and respondent no.2 to get rid of serious offences by filing application in the nature of compromise and the affidavit is wholly malafide and cannot be encouraged as the applicant would get relieved of the prosecution and would commit another fraud. 4. For all these reasons, the application will have to be dismissed. Hence, the application is dismissed with cost of Rs.5,000/- payable by the applicant to the State Government within four weeks from today. In addition, State Government to proceed against the applicant departmentally to find out the truth. It is made clear that the observations made in this order are limited to this application and the trial court shall not be influenced by any of the observations made above during the trial. JUDGE /TA/ 3