The court emphasized the need to exercise inherent powers sparingly and refrain from interfering in criminal proceedings at an interlocutory stage or pending investigation.

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. All applicants herein are seeking exercise of powers under Section 482 of the Code of Criminal Procedure [Cr.P.C.] praying for following principal relief:

“(C) This Hon’ble Court may be pleased to quash and set aside first information report bearing C.R. No. 153/2016 registered with Dondaicha Police Station, Tq. Shindkheda, Dist. Dhule which is part of Special Case No. 44/2019 pending before Ld. Special Judge, Dhule which was for offence punishable u/s. 420, 406, 409, 464, 465, 468, 471, 120(B), 34 of IPC and u/s. 13(1)(C), (D) r/w. 13(2) of Prevention of Corruption Act.

(D) This Hon’ble Court may be pleased to quash and set aside the chargesheet dated 18.04.2019 filed in Special Case No. 44/2019 against the applicant no. 1 for offence punishable u/s. 420, 406, 409, 464, 465, 468, 471, 120(B), 34 of IPC and u/s. 13(1), (C), (D) r/w. 13(2) of Prevention of Corruption Act.”

Background of the case giving rise to the present application.

2. Under the aegis of Union Government, the Government of Maharashtra declared implementation of a housing scheme i.e. Integrated Housing and Slum Development Programme [IHSDP]. Under said scheme, houses were to be constructed at a cheaper rate specifically for homeless and weaker section of the society. Though it was a joint venture of the Central as well as the State Government, vide Government Resolution dated 25.06.2007, the scheme was decided to be actually executed by local body. The Maharashtra Housing and Area Development Authority [MHADA] was appointed as a nodal agency for supervision and smooth implementation of the scheme. A sub-committee was also constituted to oversee execution of the scheme. Modalities were also chalked out for implementation of the scheme, more particularly in Dondaicha town, for the period from 2008 to 2015.

3. A complaint came to be lodged by one Krushna Nagrale, initially against seven persons, imputing following illegalities and irregularities:

firstly - constructing excess houses than required and sanctioned.

secondly - houses were constructed on private land instead of Government land as required.

thirdly - while implementing scheme there was misappropriation and misutilization of fund; fourthly - ineligible persons were selected as beneficiaries.

fifthly - lands were purchased without paying due consideration.

sixthly - construction was of substandard quality.

lastly - basic and essential facilities were not provided for.

In the light of above accusations, investigation was undertaken and initially seven persons were implicated. However, as investigation progressed, complicity of present applicants was said to be revealed and they too came to be arraigned along with others for commission of offence under Sections 406, 420, 464, 465, 468, 471, 120-B and 34 of the Indian Penal Code [IPC].

Above FIR and the consequential charge sheet are now sought to be quashed and set aside by invoking provisions under Section 482 of the Code of Criminal Procedure [Cr.P.C.].

SUM AND SUBSTANCE OF RIVAL CONTENTIONS

On behalf of the applicants:

4. At the outset, learned senior counsel for applicants appraised us regarding the status of present applicants and pointed out that present applicant no. 1 is a Councilor, applicant no. 2 is his business partner, applicant no. 3 to be a member of a committee of Municipal Council whereas applicant no. 4 to be a mere employee of the construction company. Alleging false implication and involvement, learned senior counsel would submit that applicant no. 1 hails from a business family and as such he has ample sources of finance. He submitted that he is a regular tax payer and his entire business activities are duly and promptly audited. While refuting the allegations in the FIR, learned senior counsel would strenuously submit that the FIR in question is politically motivated as, according to him, there was mere close association of applicant no. 1 with main accused no. 7, who was said to be affiliated to NCP political party.