Bombay High Court
Mohd. Hamid S/O Hafiz Ansari vs State Of Mah. Thr. Pso Ps Khaparkheda ... on 16 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:663-DB
Judgment 932 apl 735.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 735/2023
Mohd. Hamid s/o. Hafiz Ansari,
Age 29 yrs., Occ. Business,
R/o. Ward No.6, Walni, Mines,
Hafiz Chal, Tah. Saoner, Dist. Nagpur.
... APPLICANT
VERSUS
1. State of Maharashtra,
through P.S.O. Khaparkheda Police
Station (Nagpur Rural),
Dist. Nagpur.
2. State of Maharashtra,
through A.P.I. Anil Raut,
Khaparkehda Police Station,
(Nagpur Rural), Dist. Nagpur.
...NON-APPLICANTS
---------------------------------
Mr. S. Singha, Advocate for applicant.
Mr. A.B. Badar, Addl. Public Prosecutor ('APP') for non-applicant
No.1.
----------------------------------
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 16.01.2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
2. Admit.
Judgment 932 apl 735.23
3. This is an application seeking to quash charge-sheet
No.102/2023 arising out of Crime No.517/2022 registered by Police
Station Khaparkehda (Nagpur Rural), Dist. Nagpur for the offence
punishable under Sections 379, 109 of the Indian Penal Code.
4. The Local Crime Branch, Nagpur Rural received secrete
information about illegal transpiration of sand. It caused them to lay
trap as per secrete information. At the relevant time, one truck
bearing registration No. MH-40-AB-3590 was found carrying sand.
The Police intercepted the truck and inquired with the truck driver
Kawale about contents. It was revealed by truck driver that vehicle is
owned by co-accused Vinayak Bonde and on the say of by sand was
filled by the applicant through JCB by Mr. Chand Ansari in front of
Star Travel Office, Walni. It was found that there was four brass
sand i.e. minor minerals which was without royalty. In view of that
the offence of theft has been registered. The Police carried
investigation and filed charge-sheet. It is informed that yet charges
have not been framed.
Judgment 932 apl 735.23
5. The learned counsel appearing for the applicant
vehemently argued that the entire material collected during the
course of investigation does not make out prima facie case to
constitute the offence. It is submitted that the Investigating Officer
has not visited the place from where alleged sand was seized nor JCB
which was allegedly used in filling sand was seized. It is submitted
that the allegation made in the report even though they are accepted
at their face value in their entirety does not make out a prima facie
case.
6. The learned APP on the other hand, would submit that on
the basis of secrete information, truck was intercepted while illegally
carrying sand. Since minor minerals were taken away without
permission, it is an offence of theft. According to the State, the
applicant has abetted the commission of offence by facilitating to
carry sand. It is submitted that all the Police Personnel who
participated in raid have stated regarding the discloser made by the
co-accused about the complicity of the applicant.
Judgment 932 apl 735.23
7. We have examined entire material and statements
recorded during the course of investigation. Admittedly, the
applicant was not found while carrying sand nor he owns vehicle,
only material is about discloser made by the co-accused during the
course of inquiry. Though the statement of co-accused is relevant,
however no charge of conspiracy has been levelled. Besides
statement of co-accused, we do not see any other material. The
Police have not collected any material regarding the JCB as well as
the place from where sand was allegedly taken away. The Tehsildar
has not taken action of alleged theft of minor minerals. Pertinent to
note that the Investigating Officer has not visited the place nor
drawn panchanama from where the sand was removed.
8. In above circumstances, it is apparent that the material
collected in support of the prosecution is not sufficient to make out
prima facie case against the applicant. On such a canvass,
continuation of prosecution against the applicant amounts to abuse
of the process of the Court.
Judgment 932 apl 735.23
9. In view of above, application is allowed. We hereby
quash and set aside charge-sheet No.102/2023 arising out of Crime
No.517/2022 registered by Police Station Khaparkehda (Nagpur
Rural), Dist. Nagpur for the offence punishable under Sections 379,
109 of the Indian Penal Code.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 18/01/2024 10:34:14
