1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.503 OF 2011 (Santosh @ Bunty Rampal Sahu and another ..vs.. State of Maharashtra, through PS Lakadganj, Nagpur and another) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri N. Samudre, Advocate for the applicants, Shri A.S. Fulzele, Addl. P.P. for respondents. C ORAM : P.V. HARDAS AND S.B.DESHMUKH, JJ. DATED : 22-09-2011 This is an application under Section 482 of the Code of Criminal Procedure, for quashing of the First Information Report dated 19-8-2011, lodged by the respondent/complainant against the present applicants complaining of commission of offence punishable under Sections 341, 294, 506(Part-II), 143, 147, 149 read with Section 323 of the Indian Penal Code. 2. The copy of report allegedly filed by the respondent/complainant is annexed to the present application as Annexure-A. Upon perusal of the said report, we find that the necessary ingredients in respect of the commission of the offence punishable under Sections 341, 294, 506(Part-II), 143, 147 and 149 read with Section 323 of the Indian Penal Code are disclosed. 3. Learned Counsel for the applicants, who has taken 2 us through the contents of the application, has urged before us that there is an admitted dispute between the applicants and the respondent/complainant. It is pointed out to us that civil dispute exists between them inter se and a civil suit is also pending. It is also urged before us by the learned Counsel for the applicants that on the basis of the report filed by the applicants, no action was taken against the respondent/complainant and therefore, the applicants were constrained to file a private complaint before the Magistrate. The aforesaid complaint is pending consideration with the learned Magistrate. It is, therefore, urged before us that on account of the well established strained relations between the parties a false case has been filed by the respondent/complainant against the present applicants. It is, in fact, urged before us that the respondent/complainant himself had trespassed in the factory premises of the present applicants and had committed the offence in respect of which a report had already been lodged with the police. It is urged before us that the police had deliberately suppressed many true facts, which have not seen the light of day. It is also urged before us that in the light of such established ill-will and strained relations, a false case has been instituted in order to harass and pressurize the present applicants in respect of the several pending disputes. 4. We have carefully perused the First Information Report alleged to have been lodged by the 3 respondent/complainant. Upon such perusal, according to us, contents of the report clearly disclose the commission of a cognizable offence against the present applicants. All the necessary ingredients in respect of the said offence have clearly been spelt out in the said report. We, therefore, find that there is no merit in the ground of the applicants that the report does not prima facie disclose the commission of the offence. The report, according to us, certainly discloses the prima facie commission of the offence. In respect of the said plea of false implication, this Court in exercise of its jurisdiction under Article 226 of the Constitution or Section 482 of the Code of Criminal Procedure cannot decide, nor can it quash and set aside the First Information Report on specious and unfounded plea of false implication. In that light of the matter, therefore, after considering the rival submissions advanced before us by the learned Counsel for the parties, according to us, there is no merit in the present application and the application is, therefore, summarily dismissed with no order as to costs. CRIMINAL APPLICATION NO.899/2011 (APPP) Heard. Application for dispensing with filing of full copy of the First Information Report is allowed. JUDGE JUDGE pma