Bombay High Court
Ranjeet S/O. Shivajirao Patil And ... vs The State Of Maharashtra And Anr on 5 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
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Criminal Application 3419 of 2019.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 3419 OF 2019
1) Ranjeet S/o Shivajirao Patil,
Age:- 40 years, Occ:Agri & President of trust,
2) Dhanaji S/o Vithalrao Kapde
Age:- 56 years, Occu:Agri & Vice President of Trust,
3) Pramod S/o Aatmaram Kapde
Age:- 38 years, Occ: Asst. Teacher & Secretary of trust
4) Usha S/o Gorakh More
Age:- 42 years, Occu: Household
5) Bharat S/o Harischandra Biradar,
Age:- 56 years, Occ: Asst. Teacher & Treasurer,
6) Shivajirao S/o Nagorao Kapde,
Age:- 67 years, Occ: Retd Ex Serviceman,
7) Venkat S/o Abhangrao Biradar
Age:- 46 years, Occ: Maji Sarpanch,
8) Vinod S/o Ashokrao Biradar
Age:- 36 years, Occ: Agri,
9) Jagnnath S/o Suryaji Wadikar
Age:- 50 years, Occ: Agri,
10) Ganpat S/o Shankar Bhinge,
Age:- Major years, Occ: Major,
10) Shrimant S/o Laxman Telange,
Age:- Major years, Occ: Major,
All are R/o: Sawargaon, Tq. Deoni,
Dist. Latur. ... APPLICANTS
VERSUS
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Criminal Application 3419 of 2019.odt
1. The State of Maharashtra
Through Police Station,
Deveni, Tq. Devni,
Dist. Latur.
2. Tukaram S/o Vasantrao Saware
Age:- 45 years, Occu: Gramsevak,
Village Sawargaon,
R/o Bamni Tq. Udgir Dist. Latur.
3. Sugriv S/o Ravanrao Borule,
Age:- 39 years, Occ. Agril,
R/o Savargaon, Tq. Deoni,
Dist. Latur.
4. Sunil S/o Ganpatrao Sawale,
Age:- Major, Occ. Agril,
R/o Shrinagar Colony, Bidar Road, Udgir,
Tq. Udgir, Dist. Latur. ... RESPONDENTS
...
Mr. Dhanaji S. Kudle, Advocate for Applicants.
Mr. R. B. Bagul, APP for Respondent / State.
Mr. Pradeep V. Ambade, for Respondent No.2.
...
CORAM : T. V. NALAWADE &
M. G. SEWLIKAR, JJ.
DATE : 05th January, 2021.
JUDGMENT: ( Per T. V. Nalawade, J. )
. Rule. Rule made returnable forthwith. By consent, heard
both the sides for final disposal.
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Criminal Application 3419 of 2019.odt
2 The present proceeding is filed for relief of quashing of
FIR No.155 of 2019, registered with Devni @ Deoni Police Station,
District Latur, for the offences punishable under Sections 420, 468,
471 read with 34 of the Indian Penal Code.
3 The crime is registered on the basis of report given by
Gramsevak of village Sawargaon, Tahsil Deoni. The report was given
on 13th August, 2019 and in the report it is contended that it was
brought to the notice of Village Panchayat that one no objection
certificate of the Village Panchayat was forged and it was used in the
office of the Assistant Charity Commissioner for registration of trust by
name "Udheshwar Mahadeo Mandir Trust". He has contended that
resolution was passed by the Village Panchayat in view of the
submissions made by the Gramsevak that he had not signed on the
certificate to take action for preparation of such bogus no objection
certificate. It is contended that though such decision was taken on 8th
March, 2019, on 26th April, 2019 in Tanta Mukti committee's
discussion, the matter was settled and so accordingly no action was
taken. It is contended that as allegations were made in respect of
inaction of the Village Panchayat, the Chief Executive Officer of Zilla
Parishad Latur had given direction to him to give report against the
trustees of aforesaid temple trust and so he has given the report.
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Criminal Application 3419 of 2019.odt
4 The present proceeding is filed by as many as ten
persons, who appear to be trustees of the aforesaid trust. In the
record, there is a copy of application given to the then Guardian
Minister of Latur District by one Sugriv and on that application order
was made by the Honourable Minister to take action immediately.
Prayer was made for giving direction to see that registration of the
trust is cancelled as bogus no objection certificate was used for
registration of the trust. The submissions made show that for
management of the aforesaid trust, there is some dispute between the
two sides. The submissions made and the record show that on 15 th
December, 2018 certificate of registration came to be issued by the
office of Deputy Charity Commissioner, Latur in favour of the
aforesaid trust.
5 The so-called no objection certificate shows that it was a
routine matter and it was to be informed to the trust office that the
Village Panchayat has no objection for registration of the said trust. A
temple was to be registered as property of trust and for that such no
objection certificate was required. If we see the definition of forgery
given in Section 463 of the Indian Penal Code, we can see that for
commission of offence of forgery some ingredients are required to be
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Criminal Application 3419 of 2019.odt
there and one of the ingredient is causing damage or injury to other.
In the present matter, no such damage or injury was caused to
anybody if at all such no objection certificate was prepared by
somebody for its production in the office of the Deputy Charity
Commissioner. It is clear that due to some dispute in the
management and the dispute of office bearers of Village Panchayat
with the persons, who took steps for registration of trust, the Village
Panchayat subsequently wanted to take action. This Court holds that
it will be abuse of process of law to direct the present Applicants to
face the trial for aforesaid offences. The registration of the crime
appears to be due to some political motive and there are all
probabilities. In the result, the following order is passed:
ORDER
I. The application is allowed.
II. Relief is granted in terms of prayer clause (B).
III. Rule is made absolute in those terms.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
ndm
