Judgment 1 J-APL No.1071.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 1071 OF 2024 1) Smt. Chanchal Devi w/o Vishnu Kumar Oza, Aged aboout 67 years, Occu. : Director, M/s. Vinar Ispat Ltd., MIDC, Chandrapur, R/o. Vinar Ispat Ltd., MIDC, Ghuggus road, Chandrapur. 2) Shri. Saiyyad Faisal s/o Saiyyad Asif Quadri, Aged about 54 years, Occ.- Manager (Planning and Operation), M/s. Vinar Ispat Ltd., MIDC, Chandrapur, R/o. Vinar Ispat Ltd., MIDC, Ghuggus road, Chandrapur. 3) Shri. Suresh s/o Jagannath Singh, Aged about 55 years, Occ.-Security Personnel-cum Weigh bridge Operator, M/s. Vinar Ispat Ltd., MIDC, Chandrapur, R/o. Vinar Ispat Ltd., MIDC, Ghuggus road, Chandrapur. …. APPLICANTS // VERSUS // 1) State of Maharashtra, Through Police Station Officer, Police Station Ghuggus, Tah. & Distt. Chandrapur. 2) Deputy Commissioner, Central Excise Division, Chandrapur. 3) Superintendent, Central Excise, Range-II, Chandrapur. …. N ON-APPLICANTS _____________________________________________________________ Ms. Tejal A. Agre, Advocate for applicants. Mr. I. J. Damle, Additional Public Prosecutor for non- applicant No.1/State. Mr. S. N. Bhattad, Advocate for non-applicant Nos.2 & 3. _____________________________________________________________ 2026:BHC-NAG:13535-DB Judgment 2 J-APL No.1071.2024.odt CORAM : M.W. CHANDWANI, J. DATED : OCTOBER 05, 2026 ORAL JUDGMENT : 1. Admit. Heard finally by consent of the learned counsel appearing for the parties. 2. The applicants seek quashing of First Information Report (FIR) No.147/2013, dated 15.10.2013, registered with Police Station, Ghuggus, District Chandrapur for the offences punishable under Sections 406, 409 and 468 read with Section 34 of the Indian Penal Code, 1860 (for short the “IPC”) and consequent chargesheet No.16/2014, dated 19.02.2014 pending before Chief Judicial Magistrate, Chandrapur. 3. The brief facts of the case are as under : Applicant No.1 is the Director, applicant No.2 is the Manager (Planning and Operation) and applicant No.3 is the Security Personnel-cum-Weigh Bridge Operator of M/s. Vinar Ispat Ltd., Chandrapur. It is alleged that the goods belonging to M/s. Vinar Ispat Ltd. were attached for non payment of excise duty by the Central Excise Department under the provisions of Central Excise Act, 1944. It is alleged that the attached goods have been disposed off by the company by creating/generating a forged weighment slip of his Weigh Judgment 3 J-APL No.1071.2024.odt Bridge situated within the factory premises. Hence, on the basis of the complaint by the complainant, the FIR came to be registered against the present applicants. 4. Learned counsel for the applicants submits that the Managing Director of M/s. Vinar Ispat Ltd., Chandrapur had approached to this Court vide Criminal Application (APL) No.33 of 2014 for quashing of the same FIR bearing No.147/2013 in which he was primarily been made accused. This court vide order dated 09.02.2021 quashed and set aside the aforesaid FIR insofar as it related to the said Managing Director of the company. 5. Though the learned counsel for non-applicant No.2 objected the application, he fairly conceded that the matter is covered by the decision of this Court passed in Criminal Application (APL) No.33 of 2014. 6. It is pertinent to note that the Managing Director was named in the FIR, whereas the present applicants came to be implicated as accused during the course of investigation. This Court has already quashed the FIR against the Managing Director of the company by order dated 09.02.2021, taking into consideration the fact that the order of attachment had been set aside by the Judgment 4 J-APL No.1071.2024.odt Commissioner (Appeals), Central Excise and Customs, Nagpur, and that the entire excise duty dues, along with the penalty, had been paid. The relevant para is reproduced hereunder : “9. On meaningful consideration of the material produced by the applicant and taking into consideration the fact that the order of attachment had been set aside by the Commissioner (Appeals) Central Excise and payment of entire dues of the Department alongwith interest by the applicant, we are of the view that to secure ends of justice it is necessary to quash proceedings against applicant.” 7. In view of the aforesaid decision wherein, the FIR against the Managing Director of the same company in the same crime is quashed, the case of the present applicants is on better footing than the Managing Director. Therefore, the case of applicants is covered by the decision of this Court passed in Criminal Application (APL) No.33 of 2014. 8. In view of the above, a case is made out for exercising the inherent powers of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the FIR and the consequent proceedings against the present applicants. Accordingly, I proceed to pass the following order : (i) The Criminal Application is allowed. Judgment 5 J-APL No.1071.2024.odt (ii) FIR No.147/2013, dated 15.10.2013, registered with Police Station, Ghuggus, District Chandrapur for the offences punishable under Sections 406, 409 and 468 read with Section 34 of the Indian Penal Code, 1860 and consequent chargesheet No.16/2014, dated 19.02.2014 pending before learned Chief Judicial Magistrate, Chandrapur, are hereby quashed and set aside qua the applicants. 9. The criminal application is disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 09/10/2026 16:57:26