cria-588.24+ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.588 OF 2024 1) Utkarsh S/o Suresh Patil, Age-44 years, Occu:Agri & Business, R/o-Shramik, Anand Rushiji Marg, Ahmednagar, 2) Ajit S/o Kachardas Lunkad, Age-49 years, Occu:Agril. & Business, R/o-’Arihant’, Plot No.11, Bhavani Nagar, Market Yard, Ahmednagar. ...APPLICANTS VERSUS 1) The State of Maharashtra, Through MIDC Police Station, Ahmednagar, District-Ahmednagar, 2) Mr. Raju S/o Baban Alhat, Age-36 years, Occu:Police Inspector, Anti Corruption Bureau, Ahmednagar, Taluka and District-Ahmednagar. ...RESPONDENTS ... Mr. Ajit M. Gholap Advocate for Applicants. Mr. G.A. Kulkarni, A.P.P. for Respondents. … WITH CRIMINAL WRIT PETITION NO.24 OF 2024 1) Laxman S/o Narsing Patil, Age-70 years, Occu:Retired/Pensioner, R/o-At present Chalisgaon, Tq-Chalisgaon, District-Jalgaon, 2025:BHC-AUG:14215-DB cria-588.24+ 2 2) Laksmikant S/o Sahebrao Rohakale, Age-59 years, Occu:Retired/Pensioner, R/o- At present Ahmednagar, Taluka and District-Ahmednagar. 3) Chandrakant S/o Jagannath Durge, Age-59 years, Occu:Retired/Pensioner, R/o-At present Ahmednagar, Taluka and District-Ahmednagar. ...PETITIONERS VERSUS 1) The State of Maharashtra, Through:The Police Inspector, MIDC Police Station, Ahmednagar, Taluka and District-Ahmednagar, 2) Mr. Raju S/o Baban Allahat, Age-36 years, Occu:Police Inspector, Anti Corruption Bureau, Ahmednagar, Taluka and District-Ahmednagar. ...RESPONDENTS ... Mr. D.R. Kale Advocate for Petitioners. Mr. G.A. Kulkarni, A.P.P. for Respondents. … CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ. DATE : 23rd APRIL, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] : 1. The applicants in Criminal Application and the petitioners in Criminal Writ Petition, are the accused in First Information Report (for short “the FIR”), vide Crime No.636 of 2023 cria-588.24+ 3 registered on 19th July 2023 with M.I.D.C. Police Station, Ahmednagar, for the offence punishable under Sections 167, 420, 109 of the Indian Penal Code and under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. 2. Heard learned Advocate Mr. A.M. Gholap for the applicants in Criminal Application, learned Advocate Mr. D.R. Kale for the petitioners in Criminal Writ Petition and learned APP Mr. G.A. Kulkarni for respondents in both the mattes. 3. The learned Advocate appearing for the applicants in Criminal Application No.588 of 2024 and the learned Advocate appearing for the petitioners in Criminal Writ Petition No.24 of 2024, have taken us through the contents of the FIR and the other documents on record. It is not in dispute that the petitioners in Criminal Writ Petition were Government servants, then working as Tahsildar or Talathi or Circle Officer. So far as the applicants in the Criminal Application are concerned, Applicant No.1 is the power of attorney holder of original land owners and applicant No.2 is the bona fide purchaser of the land. The petitioners in Criminal Writ Petition stood retired about prior to twelve years, one year and one year, respectively. It has been cria-588.24+ 4 submitted that the FIR has been lodged by the Police Inspector, Anti Corruption Bureau, Ahmednagar on the directions of Director General, Anti Corruption Department, Government of Maharashtra, on the basis of the inquiry report submitted by the Deputy Superintendent of Police, Anti Corruption, Nashik Division, Nashik. It has been stated that the accused persons named, have carried out illegal mutation entry and thereby the tenure of the lands were changed, because of which the lands were sold and it has caused loss to the Government. As regards the petitioners are concerned, it is stated that these petitioners had no power to change the tenure of the land and the lands were in fact Mahar Watan lands. If its user was required to be changed, then the revenue ought to have been charged. The Nazrana amount has not been collected, thereby it is a loss to the Government and this could have happened only accepting the amount as illegal gratification. The necessary Gazettes giving powers to the Tahsildar and Talathi have not been considered at all by the investigating officer while registering the FIR. The Revenue Department itself issued a Government Gazette on 8th June 1963, thereby giving powers of the Collector to Tahsildar. The Talathi or the Circle Officer has not passed any order or the applicants in Criminal Application No.588 of 2024, who are the cria-588.24+ 5 original accused Nos. 37 and 38, have not acted in any manner detrimental to the interest of the Government. The land which is purchased by applicant No.2 in Criminal Application No.588 of 2024 is still agricultural land and there is no attempt by him to convert the same into non-agricultural land. Therefore, there was no question of paying Nazrana. Applicant No.1 therein had executed the said sale deed in favour of applicant No.2 in the capacity as general power of attorney of the original land owners. None of the applicants and the petitioners had intention to commit any offence detrimental to the interest of the Government. 4. Per contra, the learned APP strongly opposed the Application and the Petition and submitted that taking into consideration the number of accused persons involved in the matter and the period covered is from 3rd January 2006, huge documents were supposed to be considered and therefore, the charge-sheet is not yet filed. The documents which have been collected, would show that the petitioners in Criminal Writ Petition No.24 of 2024 had not considered the Government Resolutions and the permission was granted to change the tenure of the lands. The Mahar Watan land was then converted cria-588.24+ 6 to the land granted on new terms without getting Nazrana amount. They have misused their powers. Even clarification has been sought from the Office of the District Collector, who states that no such powers have been delegated to Tahsildar. As some of the accused are still in Government service, the matter is pending for getting sanction from the Collector Office. Therefore, this is not a fit case where the FIR can be quashed. 5. The interesting fact to be noted is that the period of occurrence is stated to be between prior to 3rd January 2006 to 6th January 2006, for which the FIR has been lodged on 19th July 2023. From the FIR, it could be also seen that the complaint came to be filed somewhere in August 2017 and then the inquiry has been started. No party affected had ever made any complaint prior to August 2017. The communication given by the investigating officer to the learned APP would show that out of 38 accused persons, 15 accused persons have expired. 6. As regards the applicants in Criminal Application No.588 of 2024 are concerned, applicant No.1 has executed the sale deed in the capacity as general power of attorney on behalf of the original land owners and the said land has been purchased by cria-588.24+ 7 applicant No.2 in 2006. A categorical statement has been made that the said land is not yet converted to non-agricultural land. Therefore, there was no question of paying Nazrana. The said sale deed has not been challenged by any of the persons, as it appears from the inquiry, quoted in the FIR itself. How the subsequent officers also have not noticed any such change, which is alleged to be in detriment to the interest of the Government, is a question. The investigation papers contained office copy of the power of attorney, so also copy of 7 X 12 extracts, which show that a road has gone between the said Gut Number. The power of attorney was allowed to make communication and applications for receipt of compensation amount in respect of acquisition of the land. Even at that time also, how these facts were not noticed, is a question. There is a huge delay in the inquiry i.e. raising of the complaint. 7. Further, in respect of the petitioners in Writ Petition No.24 of 2024, it can be seen that the official Gazette dated 8th June 1963, was not at all considered. The copy of the same has been given in the Petition, which states that the powers conferred under the Bombay Inferior Village Watans Abolition Act, 1958, were given to all Mamlatdars, Mahalkaris and Tahsildars and they cria-588.24+ 8 were empowered to exercise the powers of Collector under Section 5, 6 and 9 of the said Act. The matter has been adjourned on 7th April 2025 on the request of learned APP to get instructions in respect of the said Government Gazette dated 8th June 1963. Upon instructions, he submits that the Collector Office informs that no such powers have been delegated. Though statement has been made that instructions were sought from the Deputy Secretary to the Government, the inquiry appears to have been made with the Collector’s Office. When the said Gazette was published on 8th June 1963 and it was, Part IV-B, Rules and Orders (other than these published in Parts I, I-A and I-L) made by the Government of Maharashtra under the Maharashtra Act), instructions ought to have been sought from the appropriate authority. No subsequent Gazette or Government Resolution taking away the effect of the Government Gazette dated 8th June 1963, has been produced on record and therefore, when the Government itself had given powers to the Mamlatdars and Tahsildars to be exercised which the Collector was supposed to exercise, then in that case it cannot be said that there is any prima facie case for attracting any offence as alleged in the FIR. 8. Further, as regards the Prevention of Corruption Act is cria-588.24+ 9 concerned, only general statements are made. Nobody had made any complaint that anybody had asked the bribe. It is stated in the FIR that:- “ lokZauh eglqy foHkkxkps vf/kdkjh o deZpk&;kauk gkrk’kh /k#u ‘kklukpk dksV~;ko/kh #i;kapk eglqy cqMoqu uohu ‘krhZP;k egkj oruh tfeuhr dksV~;ko/kh #i;kapk egkHkq[kaM ? kksVkGk dsY;kizdj.kh rFkk vfr’k; /kDdknk;d o egkjk”Vª tehu eglqy vf/kfu;e & 1966 ps lgsrqd mYya?ku o dk;ns ik;nGh rqMoqu ojhy xSj vtZnkj o [kktxh ble ;kauh ek- foHkkxh; eglqy vk;qDrkaps vf/kdkjkr csdk;ns’khj gLr{ksi djr dksV~;ko/kh #i;kaph vkfFkZd ykp o nsok.k ?ksok.k d#u lgsrqd laxuerkus------” 9. Which Government servant has accepted illegal gratification from whom, when, etc. is absolutely not stated in the FIR and therefore, under these circumstances, it would be an abuse of process of law to ask the applicants and the petitioners to face the trial. Hence, we pass the following order:- O R D E R (I) Criminal Application No.588 of 2024 and Criminal Writ Petition No.24 of 2024 stand allowed. cria-588.24+ 10 (II) The First Information Report, vide Crime No.636 of 2023 registered on 19th July 2023 with M.I.D.C. Police Station, Ahmednagar for the offence punishable under Sections 167, 420, 109 of the Indian Penal Code and under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, stands quashed and set aside as against all the applicants and the petitioners i.e. applicant Nos.1 - Utkarsh S/o Suresh Patil and 2 – Ajit S/o Kachardas Lunkad in Criminal Application No. 588 of 2024, and Petitioner Nos. 1 - Laxman S/o Narsing Patil, 2 - Laksmikant S/o Sahebrao Rohakale and 3 - Chandrakant S/o Jagannath Durge in Criminal Writ Petition No.24 of 2024. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/MAY25