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Judgment
H.P. Sandesh, J
This matter is listed for admission.
I have heard the learned counsel for the petitioner and also the counsel appearing for the State.
The counsel appearing for the petitioner would vehemently contend that this Court already quashed the proceedings initiated against accused No.1 in Criminal Petition No.5633/2020 and similar allegation is made against this petitioner who has been arrayed as accused No.2. The counsel also vehemently contend that this Court while quashing the proceedings in paragraph No.6 taken note of the fact that though an allegation is made that signatures are obtained on the blank papers and no such demand promissory notes or any documents are recovered during the course of investigation and this Court also comes to the conclusion that when there is no prima facie material and in the absence of prima facie material to proceed against the petitioner, is nothing but abuse of process and hence this Court has to quash the proceedings.
Counsel appearing for the State also not disputes the fact that though charge sheet is filed against accused Nos.1 and 2, similar allegations are made against accused Nos.1 and 2.
Having heard the petitioner’s counsel and also the counsel appearing for the State and also considering the material on record, the charges leveled against this petitioner as well as accused No.1 is similar that both of them took the signatures on the blank papers and those blank papers are not made use of by the accused and also same are not seized. When this Court having considered the material on record and exercised the powers under Section 482 of Cr.P.C. in respect of accused No.1 and having perused Column No.17 of charge sheet also allegation against accused Nos.1 and 2 are similar. When such being the case and in the absence of prima facie material to proceed against the petitioner, question of continuing the proceedings does not arise or otherwise it amounts to an abuse of process. Hence, it is a fit case to exercise the power under Section 482 of Cr.P.C. and there is a force in the contention of the counsel appearing for the petitioner and hence, the proceedings initiated against accused No.2 i.e. petitioner herein is hereby quashed by invoking Section 482 of Cr.P.C. as invoked against accused No.1.
In view of the discussions made above, I pass the following:
ORDER
The Criminal Petition is allowed.
The proceedings initiated against this petitioner in C.C.No.20545/2013 is hereby quashed.