Advocates:
['FIRDOS MIRZA', '', 'TEJAS S DESHPANDE', 'ABDUL SUBHAN', 'APP', '', 'ADWAIT SHASHANK MANOHAR', 'P R AGRAWAL', 'FOR/R- &']

Judgment

Judgment

1

1

apl376.15.odt

apl376.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 376/2015

CRIMINAL APPLICATION (APL) NO. 376/2015

Ravindra S/o Motiramji Deshmukh

Ravindra S/o Motiramji Deshmukh,

,

Aged about 60 years, Occ. Pensioner,

Aged about 60 years, Occ. Pensioner,

R/o. Shivneri Society, Yavatmal

R/o. Shivneri Society, Yavatmal

….

….

APPLICANT

APPLICANT

//

//

VERSUS //

VERSUS //

1]

1]

State of Maharashtra

State of Maharashtra,

,

Through P.S.O., Yavatmal City Police

Through P.S.O., Yavatmal City Police

Station, Dist. Yavatmal

Station, Dist. Yavatmal

2]

2]

Anup S/o Vinayakrao Khande

Anup S/o Vinayakrao Khande,

,

Aged : Major, Occ. Service, Tahsildar,

Aged : Major, Occ. Service, Tahsildar,

C/o. Tahsil Office, Yavatmal

C/o. Tahsil Office, Yavatmal

3]

3]

Rajesh S/o Ramrao Khawle

Rajesh S/o Ramrao Khawle,

,

Aged : Major, Occ. Service,

Aged : Major, Occ. Service,

Resident Deputy Collector, Yavatmal

Resident Deputy Collector, Yavatmal

4]

4]

The Collector, Yavatmal

The Collector, Yavatmal

….

…. NON-APPLICANT(S)

NON-APPLICANT(S)

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Shri F.T. Mirza, Advocate for the applicant

Shri F.T. Mirza, Advocate for the applicant

Shri N.S. Rao, APP for the non-applicant nos. 1 and 4

Shri N.S. Rao, APP for the non-applicant nos. 1 and 4

Shri P.R. Agrawal, Advocate for the non-applicant nos. 2 and 3

Shri P.R. Agrawal, Advocate for the non-applicant nos. 2 and 3

*******************************************************************

*******************************************************************

CORAM : Z.A.HAQ

CORAM : Z.A.HAQ

& AMIT B. BORKAR

& AMIT B. BORKAR

, JJ.

, JJ.

MARCH 01, 2021

MARCH 01, 2021

ORAL JUDGMENT

ORAL JUDGMENT :

: (PER:- AMIT B. BORKAR, J.)

(PER:- AMIT B. BORKAR, J.)

1]

Heard.

2]

By this application under Section 482 of the Code of Criminal

Procedure, the applicant has challenged registration of F.I.R. No. 246/2015

A

ANSARI

NSARI

Judgment

Judgment

2

2

apl376.15.odt

apl376.15.odt

dated 10/06/2015 registered with the non-applicant no. 1 – Police Station

for the offences punishable under Sections 420, 409, 169 and 34 of the

Indian Penal Code.

3]

The first information report came to be registered against the

applicant and others with the accusations that the accused nos. 1 to 4 in

connivance with one another have let out the property of the Collector,

Yavatmal by portraying the said property as private property of the applicant

and others. It is alleged that the applicants by misappropriating the amount

received as rent and by letting out the property of the Collector, Yavatmal,

have cheated the government.

4]

The applicant has therefore challenged registration of the first

information report by filing the present application. This Court on

18/06/2015 issued notices to the non-applicants and it was directed that no

coercive steps shall be taken against the applicant. On 07/10/2015, this

Court issued Rule and granted interim relief in terms of prayer clause (b)

thereby granting stay to the further proceedings in pursuance of F.I.R.

No. 246/2015.

5]

In pursuance of the notice issued by this Court, the non-

applicant no. 1 has filed its reply and it is stated that the applicant is the

head of the association of Revenue Karmachari Sanghatana. It is stated that

A

ANSARI

NSARI

Judgment

Judgment

3

3

apl376.15.odt

apl376.15.odt

in the premises of the office building of the Collector, Yavatmal one Vinod

Rathod is running canteen and one Sham Kotawar is running xerox center. It

is found that the canteen and xerox center are illegally run by the said

persons on the basis of Nokarnama executed by the applicant and other

office bearers of the said society. It is alleged that since the applicant and

ot