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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
VIBHA KANKANWADI, S.G. CHAPALGAONKAR, JJ.
Nitin Nagnath Raut – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Application No. 608 of 2021
Decided On : 25-10-2024
Advocate Appeared:
For the Appellant : S.S. Randive
For the Respondent: G.A. Kulkarni
Inherent powers under Section 482 of the Criminal Procedure Code should be exercised sparingly, particularly when prima facie evidence exists against the applicant.
Headnote:(A) Indian Penal Code - Sections 3, 403, 409, 420, 468, 470, 471, 120-B - Criminal Procedure Code - Section 482 - Quashment of FIR - Applicant sought quashment of FIR for alleged misappropriation and black marketing of food grains - Allegations included false entries in government records and misappropriation of substantial amounts - Investigation revealed applicant's involvement through transactions with co-accused - Court emphasized that inherent powers to quash FIR should be used sparingly and not for scrutinizing evidence. (Paras 1-6)
(B) Inherent Powers - The court reiterated that inherent powers under Section 482 should not be exercised for detailed scrutiny of evidence or falsity of allegations, especially when prima facie material exists against the applicant. (Para 6)
Facts of the case:
The applicant was implicated in a case involving misappropriation of food grains while serving as a public servant, with allegations of black marketing and false record entries. The FIR was based on an inspection report revealing significant misappropriation.
Findings of Court:
The court found sufficient prima facie evidence against the applicant, including financial transactions linking him to the alleged offences.
Issues: The main issues included whether the applicant could be quashed from the FIR despite being named in the supplementary charge-sheet and the sufficiency of evidence against him.
Ratio Decidendi: The court ruled that the presence of prima facie evidence and the applicant's status as absconding justified the rejection of the quashment application.
Result: Criminal Application stands rejected.
JUDGMENT :
S.G. CHAPALGAONKAR, J.
1. The applicant has approached this Court under Section 482 of the Criminal Procedure Code seeking quashment of FIR in Crime No. 171/2017 dated 06.07.2017 registered with Kalamb Police Station, Dist. Osmanabad for offences punishable under Sections 3, 403, 409, 420, 468, 470, 471 r/w 34 of the Indian Penal Code and consequential criminal proceeding in RCC No. 167/2017 pending before Judicial Magistrate First Class, Kalamb.
2. The respondent no. 2 lodged report dated 06.07.2017 alleging that since 16.09.2016 he is discharging his duties as Tahsildar at Kalamb. The accused Abhijeet Bhimrao Kharate is discharging duties as Warehouse Manager in warehouses at Kalamb and Yermala since 24.07.2015. At present he has been suspended. The Committee established by Collector Office inspected the record of warehouses at Kalamb and Yermala and reported that accused Abhijeet Kharate has indulged in black marketing of food grains and misappropriated wheat weighing 2932.48 quintals, rice weighing 1859.41 quintals and sugar weighing 86057 quintals. It is consequently alleged that accused Abhijeet Kharate while discharging his duties as public servant at Government warehouses made false entries in the Government record, misused his position as public servant and duped Government for an amount of Rs.1,32,96,051/-. As such, he has committed offence under Section 3 of the Essential Commodities Act and Sections 403, 409, 420, 467, 470, 471 and 34 of the Indian Penal Code. The investigation progressed in pursuance of aforesaid crime and charge-sheet was filed against in all 7 accused persons. Thereafter, supplementary charge-sheet is filed wherein name of applicant figured as accused no. 9. He is shown as absconding in the charge-sheet.
3. Mr. Randive, learned Advocate appearing for the applicant submits that applicant has been falsely implicated in aforesaid crime. He was not named in the FIR or even in the charge-sheet. However, in the supplementary charge-sheet, he is shown as accused. There is absolutely no material on record to frame charge and prosecute applicant for offences as alleged. He would further submit that applicant was never called for interrogation by police, but he has been wrongly shown as absconding while filing charge-sheet. The alleged offences have occurred during the period from July 2015 to July 2017. The audit in respect of transactions of warehouses has been conducted every year. However, no such objection was raised in the audit. The applicant runs his business at Barshi Market Yard in the name of Laxmi-Sopan. He purchases agriculture goods from farmers and sales it in the market. However, charge-sheet falsely states that applicant purchased food grains in connivance with accused no. 1 and sold it in black market. The Investigating Officer never called applicant to explain alleged entries in the bank account statement and drawn inference contrary to the record. He would, therefore, urge to quash the FIR and consequential criminal proceeding.
4. Per contra, Mr. Kulkarni, learned APP appearing for the respondent-State submit that the applicant was absconding since the date of registration of FIR. Although name of the applicant is absent in the FIR, it has been surfaced during the course of investigation. He would submit that applicant purchased goods worth Rs.17,21,034/- from accused no. 1 and sold to accused no. 6-Amol Deshmukh. The receipts of such transactions are seized from shop of accused no. 6. Similarly, transactions between accused no. 1 -Abhijeet Kharate and applicant are noted in the bank account. On 18.04.2017, amount of Rs.1,02,000/- transferred in the name of Balaji Traders. Similar, transactions are reflected in the bank account of accused no. 2 and accused no. 5, which shows live link of black marketing of food grains from Government warehouses. There is sufficient material to depict involvement of applicant in commission of offence. The learned APP further submits that applicant
