Moreshwar Gajanrao Mangrulkar ... vs The State Of Maharashtra, Through ...
2017 Latest Caselaw 6325 Bom

                                                1                              1608APL788.14.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR
                                  
                       Criminal Application (APL) No.788 of 2014
 (Moreshwar Gajanrao Mangulkar and another -vs.- The State of Maharashtra, thr. PSO Saoner,
                                Dist. Nagpur & another)
                                                  
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions         Court's or Judge's orders.
and Registrar's orders 
                                 Ms. P.M. Hande, Advocate for Applicants.
                                 Mr. N.R. Rode, APP for State.
                   

                                 CORAM :    R.K. DESHPANDE & 
                                            MANISH PITALE,  JJ.

DATE : 16.08.2017.

By the instant application filed by the petitioners

under Section 482 of the Code of Criminal Procedure, prayer

is made for quashing and setting aside the F.I.R.

No.254/2007 dated 09.11.2007 and charge-sheet

No.156/2009 registered against the petitioners for the

offence punishable under Sections 406, 409 and 109 of the

Indian Penal Code as also under Sections 3 and 7 of the

Essential Commodities Act. The petitioners are ration shop

owners. In response to the application, non-applicant No.1

has filed reply stating in paragraph 4 as follows :-

"It is further submitted that the case of prosecution that both are accused/applicants were arrested and it was disclosed by them that

2 1608APL788.14.odt

they sold the food-grains (Rice) in the open market after purchasing the same illegally from the Godawn Keeper and the transporter. During the investigation the investigating agency seized an amount of Rs.13,650/- vide seizer panchnama dated 29.11.2007. Whereas Rs.200/- was recovered from the present applicant No.2 vide seizer panchnama dated 05.12.2007 he has further stated that, the remaining amount after sale of food-grains(Rice) in the weekly market, he has already spend that amount."

2. Perusal of F.I.R. and charge-sheet as also

statement of the complainant-Tahsildar show that there is no

mention of any material nor is there any statement in respect

of the allegations as reflected in paragraph 4 quoted above.

In the absence of any such allegations in respect of offence

mentioned in the F.I.R. and charge-sheet against petitioners,

it is evident that said F.I.R. and charge-sheet are not

sustainable and they deserve to be quashed. It is also

relevant that F.I.R. as against the main accused i.e. the

transporter has been already quashed by this Court by its

judgment and order dated 01.12.2011 passed in Criminal

Application No.3463/2009.

3. In view of above, we find that the prayer made

by the petitioners in this petition deserves to be granted.

Accordingly, we exercise our powers under Section 482 and

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quash and set aside the F.I.R. and charge-sheet filed against

the petitioners.

                                           JUDGE                    JUDGE 


                   waghmare