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2012 DIGILAW 15 (BOM)

3rd Joint Civil Judge, Junior Division, and Judicial Magistrate First Class, Jalgaon v. S. U. Bisen P. I.

2012-01-04

K.U.CHANDIWAL

body2012
Judgment Heard learned Assistant Government Pleader and Mr Pawar, earned Counsel for respondent No.1. 2. The Judicial Magistrate, First Class found that the surety bonds produced before him including the 7/12 extracts were forged. The communication from Tahsildar, Bhusawal purported to be dated 30.4.2007 was also found to be the forged and fabricated. The learned Judge found of prima facie involvement of an Advocate Shri Sali and one Shri Kakade. Consequently, he directed the Police Inspector of City Police Station, Jalgaon to first register an office against Advocate Sali and Surety Kakade and after registering office then only investigate into the offence and take further steps as per provisions of law by order dated 16.6.2007. The order was received by City Police Station, Jalgaon on 16.6.2007 against acknowledgment. A further communication was received from the Police Inspector S.U. Bisen dated 28.6.2007 informing the Court that as per the directions dated 16.6.2007, the offence was not then registered against surety Shri Kakade, as he was not found. The case papers were handed over to P.S.I. R.J. Thakare of the concerned Police Station. Learned Judge felt that in spite of specific directions dated 16.6.2007 to register the first information report and then only to carry investigation, the Police authorities have obliterated the same by not registering the crime till 12.7.2007, thereby causing delay of 24 days from the date of order. The learned Judge consequently issued show-cause notice to the respondents, who in turn tendered their replies explaining the situation by a communication dated 13.7.2007. 3. The reply to the learned Judge illustrates that discreet inquiry was carried based on the directions of the learned Judge. It was found that there was a racket operating in the area of Bhusawal and Jalgaon by preparing forged documents to present the same for getting the accused released on bail. One Pardeshi was found to be the mastermind in the racket. In the affidavit of Rajendra Jagannath Thakare, he has explained, though the directions were first to register the offence, however, discreet inquiry was carried and indeed entire investigation was achieved. Persons involved in the crime were traced. Some equipments used also made known. Therefore, the offence was belatedly registered. However, after registration of crime, further investigation is not left. The time consumed in registration of crime is due to the making efforts of discreet inquiry. Persons involved in the crime were traced. Some equipments used also made known. Therefore, the offence was belatedly registered. However, after registration of crime, further investigation is not left. The time consumed in registration of crime is due to the making efforts of discreet inquiry. The affiant also informs that he has communicated the progress himself to the learned Judge and also to the learned Sessions Judge, as the matter involved a volume of gravity dealt with Court proceedings. Both the respondents have tendered their unconditional apology for delay of 24 days caused to lodge the first information report. 4. In the set of above facts, though there is laxity on the part of the respondents, however, I find that it was not deliberate nor with an intention to shield the unearthed racket, operating in the area based on registration of offence. Consequently, accepting the apology tendered, the suo moto contempt petition No.2 of 2007 is disposed of. Notices discharged.