appln-412-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.412 OF 2023 Mansing s/o Chatru Rathod Age: 63 years, Occu.: Retired, R/o. Shivnagar, Ghati Road Old Jalna, District Jalna. .. Applicant Versus 1. The State of Maharashtra Police Inspector and I.O. Tembhurni Police Station, Tq. Jafrabad, Dist. Jalna. 2. The Nayab Tahsildar Jafrabad Dist. Jalna R/o. Georai, Tq. Phulambri, Dist. Aurangabad. .. Respondents … Mr. P. B. Patil (Borse), Advocate for applicant. Mrs. R. P. Gour, APP for respondents/State. … CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. DATE : 26 FEBRUARY 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- . Present application has been filed by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure initially for quashing the FIR bearing Crime No.73 of 2022 registered with Tembhorni Police Station, Taluka Jafrabad, District Jalna and later on, by way of amendment, for quashing the proceedings in R.C.C. No.116 of 2023 pending before the [1] 2025:BHC-AUG:6181-DB appln-412-2023.odt learned Judicial Magistrate First Class, Jafrabad for the offences punishable under Sections 406, 409, 202, 465, 468 and 471 of Indian Penal Code. 2. Heard learned Advocate Mr. P. B. Patil (Borse) for the applicant and learned APP Mrs. R. P. Gour for respondent No.1/State. In order to cut short, it can be seen that both of them have made submissions in support of their respective contentions. 3. Present applicant is arrayed as accused No.22 in the FIR and accused No.16 in the charge-sheet. The applicant was the Circle Officer when the FIR was lodged, however, he stood retired thereafter. The FIR has been lodged by one Keshav Annarao Dakle, the Naib Tahsildar of Jafrabad. It has been stated that a complaint was filed with Hon’ble Lok Ayukta, Maharashtra State, in respect of encroachment of Government land in village Tembhorni, Taluka Jafrabad. Directions were issued to make inquiry. Accordingly, inquiry was made and order was given by then Divisional Commissioner, Aurangabad Division on 25.03.2021 that offence should be registered against the then Tahsildar, Circle Officer and Talathi. It is then stated that in all 22 persons have been found to be responsible for not paying [2] appln-412-2023.odt attention to the encroachment those were made on the government land. They had not made any efforts to evict the encroachment and thereby loss is caused to the Government. Here, it is to be noted that the period in which that alleged encroachment is made is stated to be from 15.03.1980 till the date of FIR i.e. 15.03.2022. Even if it is accepted that there is encroachment on the government land, yet how it will amount to offence under Sections 406, 409, 202, 465, 468, 471 of Indian Penal Code is a question. For proving offence under Section 406 of Indian Penal Code, prosecution will have to prove that there was criminal breach of trust. The period of the present applicant as Circle Officer of Jafrabad is in between 2012 to 2013. The encroachment was since prior to that date. Therefore, he cannot be said to be interested with any property or had dominion over the property and he had not dishonestly misappropriated or converted that property to his own use. Therefore, neither Section 406 of Indian Penal Code, nor Section 409 of Indian Penal Code get attracted. For proving offence under Section 202 of Indian Penal Code, there should have been intentional omission to give any information of that offence which he is illegally bound to give. Here, in this case, those persons who had made encroachment [3] appln-412-2023.odt are not at all made party accused. Which documents have been forged and used in any proceedings are absolutely not clarified in the FIR. The statements of witnesses are cryptic and it can be seen that statements of only seven witnesses have been recorded, who had no concern at all or were not at the said place or the higher authority of the applicant or other accused persons. Therefore, none of the offences are made out even prima facie. It would be total abuse of process of law, if the applicant is asked to face the trial. Case is made out for exercising inherent powers of this Court under Section 482 of the Code of Criminal Procedure. Hence, the following order :- ORDER I) Criminal Application stands allowed. II) The FIR bearing Crime No.73 of 2022 registered with Tembhorni Police Station, Taluka Jafrabad, District Jalna as well as the proceedings in R.C.C. No.116 of 2023 pending before the learned Judicial Magistrate First Class, Jafrabad for the offences punishable under Sections 406, 409, 202, 465, 468 and 471 of Indian Penal Code, stand quashed and set aside as against the present applicant. [ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [4]