Case Note & Summary
The applicant, Mohan Premnath Kothimbire, an advocate practicing in Additional Sessions Court, Omerga, was arrayed as accused No.7 in R.C.C. No.11/2005 pending before the Judicial Magistrate, First Class, Omerga, arising out of FIR No.79/2003 registered at Police Station, Omerga. The charge sheet was filed under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (IPC). The prosecution case, as per the FIR and charge sheet, was that one Rajendra Tulshiram Thakur along with villagers had on 6.3.2003 met the Talathi of Gunjoti Sajja, Jayant Shripati Gaikwad (accused No.5), for taking copies of 7/12 extracts. It transpired that accused Nos.1 to 3 had earlier taken 7/12 extracts of farmers and on that basis solvency certificates were prepared and filed in the office of Commissioner (Revenue) at Pune, creating a charge on the farmers' land. The applicant-advocate was alleged to have been involved in the preparation of solvency certificates and creation of charge. The applicant filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the FIR and criminal proceedings against him. The main legal issues were whether the allegations in the FIR and charge sheet made out a prima facie case against the applicant for the offences alleged, and whether the continuation of proceedings would be an abuse of process of court. The applicant argued that there was no specific allegation against him regarding dishonest inducement or forgery, and that he had merely acted as an advocate. The State opposed the application. The court analyzed the ingredients of Sections 420, 467, 468, and 471 IPC and found that the FIR and charge sheet did not contain any specific allegation that the applicant had cheated anyone by dishonest inducement or that he had made or used any forged document. The court held that the essential ingredients of the offences were not made out against the applicant, and continuing the proceedings would be an abuse of process of court. Consequently, the court allowed the application and quashed the FIR and criminal proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Court can quash proceedings if no prima facie case is made out and continuation amounts to abuse of process - Held that where allegations in FIR and charge sheet do not disclose essential ingredients of offences, proceedings are liable to be quashed (Paras 1-10). B) Indian Penal Code - Cheating - Section 420 IPC - Ingredients - Dishonest Inducement - Mere creation of charge on land without allegation of deception or inducement to deliver property does not attract Section 420 - Held that no case of cheating made out against applicant (Paras 5-8). C) Indian Penal Code - Forgery - Sections 467, 468, 471 IPC - Making False Document - Applicant-advocate not alleged to have made or used any forged document - Held that in absence of specific allegation of forgery or using forged document, these sections are not attracted (Paras 5-8).
Issue of Consideration
Whether the criminal proceedings against the applicant-advocate under Sections 420, 467, 468, 471 read with Section 34 IPC should be quashed for lack of prima facie evidence and abuse of process of court.
Final Decision
The application is allowed. FIR No.79/2003 registered at Police Station Omerga and R.C.C. No.11/2005 pending before Judicial Magistrate, First Class, Omerga are quashed and set aside insofar as the applicant is concerned.
Law Points
- Quashing of criminal proceedings
- prima facie case
- abuse of process of court
- inherent powers under Section 482 CrPC
- ingredients of Sections 420
- 467
- 468
- 471 IPC
