Inherent powers under Section 482 of the Criminal Procedure Code should be exercised sparingly, especially when prima facie evidence exists linking the accused to the alleged crime.

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. 8.

3. Mr. Salunke, learned Advocate appearing for the applicant submits that applicant is respectable person and he has been falsely implicated in aforesaid crime. The applicant runs business of cloth, petrol petrol pump and adat shop since 1994. He owns agriculture land. He is also elected as Director of APMC Kalamb. He would submit that accused no. 1-Abhijeet Kharate is prime accused. The name of the applicant was not reflected in the FIR, which was based on alleged enquiry report by the Inspection Squad appointed through Collector Office. The name of the applicant was never in picture. No suspicion was raised against him in the enquiry and investigation. Even when earlier charge-sheet was filed, applicant was not shown as accused. However, for the political reasons, his name has been implicated in supplementary charge-sheet. He would submit that applicant was in the business of adat shop and deals with agriculture products brought by the farmers. He cannot refuse to receive goods put to his adat shop by any farmer. However, on the basis of assumption and presumption, applicant is roped in the crime. Consequently, his name is figured in the supplementary charge-sheet. The applicant was never called for enquiry by police nor he was given opportunity to clarify so called evidence against him.

4. Mr. Salunke would take us through contents of the charge- sheet and submits that there is absolutely no material to link the applicant with the commission of offence. He is sought to be roped in the crime on the basis of alleged diary recovered through the house search of accused no. 1, wherein transactions worth Rs.20,31,850/- are noted and allegations is employed that goods received from Government warehouses were transported to adat shop of applicant. Mr. Salunke would further submit that applicant has been falsely shown as absconding till the date of his arrest on 21.06.2018, although he was very much available and was busy in conduct of his day to day business.

5. Per contra, Mr. Kulkarni, learned APP appearing for respondent-State vehemently submits that applicant was absconding since his name was revealed as accused. The applicant facilitated sale of goods received from accused no. 1 in the black market. Large chunk of goods misappropriated