Bombay High Court
Nitin Nagnath Raut vs The State Of Maharashtra And Another on 25 October, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:26467-DB
(1) appln-608-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.608 OF 2021
Nitin Nagnath Raut,
Age: 28 years, Occu: Business,
R/o. 3809, Raut Chal, Barshi,
Tq. Barshi, Dist. Solapur ..Applicant
Versus
1. The State of Maharashtra,
Through Police Station Officer,
Kalamb Police Station,
Dist. Osmanabad.
2. Ashok Dharmraj Nandalgaonkar,
Age: 61 years, Occu: Nil,
R/o. Shahu Nagar, Pangri Road,
Beed, Tq. & Dist. Beed. ..Respondents
...
Mr. S. S. Randive, Advocate for the Applicant.
Mr. G. A. Kulkarni, APP for Respondent-State.
Respondent No.2 is served.
...
CORAM : SMT. VIBHA KANKANWADI AND
S. G. CHAPALGAONKAR, JJ.
Reserved on : 27th SEPTEMBER, 2024.
Pronounced On : 25th OCTOBER, 2024.
JUDGMENT (Per 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) appln-608-2021.odt
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.9. He is shown as absconding in the charge-
sheet.
3. Mr. Randive, learned Advocate appearing for the applicant
submits that applicant has been falsely implicated in aforesaid
crime. He was not named in the FIR or even in the charge-sheet.
However, in the supplementary charge-sheet, he is shown as
accused. There is absolutely no material on record to frame charge
and prosecute applicant for offences as alleged. He would further
submit that applicant was never called for interrogation by police,
but he has been wrongly shown as absconding while filing charge-
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sheet. The alleged offences have occurred during the period from
July 2015 to July 2017. The audit in respect of transactions of
warehouses has been conducted every year. However, no such
objection was raised in the audit. The applicant runs his business
at Barshi Market Yard in the name of Laxmi-Sopan. He purchases
agriculture goods from farmers and sales it in the market.
However, charge-sheet falsely states that applicant purchased food
grains in connivance with accused no.1 and sold it in black market.
The Investigating Officer never called applicant to explain alleged
entries in the bank account statement and drawn inference
contrary to the record. He would, therefore, urge to quash the FIR
and consequential criminal proceeding.
4. Per contra, Mr. Kulkarni, learned APP appearing for the
respondent-State submit that the applicant was absconding since
the date of registration of FIR. Although name of the applicant is
absent in the FIR, it has been surfaced during the course of
investigation. He would submit that applicant purchased goods
worth Rs.17,21,034/- from accused no.1 and sold to accused no.6-
Amol Deshmukh. The receipts of such transactions are seized from
shop of accused no.6. Similarly, transactions between accused no.1
-Abhijeet Kharate and applicant are noted in the bank account. On
18.04.2017, amount of Rs.1,02,000/- transferred in the name of
Balaji Traders. Similar, transactions are reflected in the bank
account of accused no.2 and accused no.5, which shows live link of
black marketing of food grains from Government warehouses.
There is sufficient material to depict involvement of applicant in
commission of offence. The learned APP further submits that
applicant is absconding since the date of registration of FIR, hence
not entitle to seek relief under inherent powers of this Court.
(4) appln-608-2021.odt
5. We have considered submissions advanced on behalf of
learned Advocates appearing for the respective parties. We have
gone through the contents of FIR and charge-sheet. Apparently,
FIR dated 06.07.2017 names only accused no.1-Abhijeet Kharate,
who was in-charge Warehouse Keeper at Yermala, Tal. Kalamb.
However, FIR has been lodged on the basis of enquiry report
submitted by Inspection Squad appointed by the Collector Office.
As per inspection report, misappropriation of goods worth
Rs.1,32,96,051/- has been noted through black marketing of food
grains i.e. wheat, rice and sugar. On the basis of aforesaid FIR
investigation progressed. During the investigation, it is revealed
that applicant has purchased goods misappropriated by accused
no.1 and sold in black market. The scrutiny of bank statement of
accused no.1 depicts transaction worth Rs.17,21,034/- between
accused no.1 and applicant. Further during the search of shop of
accused no.6-Amol Deshmukh, receipts of sale of goods received
from applicant are found. The charge-sheet notes that applicant
was absconding since his name is revealed during the course of
investigation. The applicant has been charged for various offences
alongwith Section 120-B of the Indian Penal Code. Prima facie,
consideration of the record indicate that there is sufficient material
in the charge-sheet depicting involvement of applicant in
commission of offence.
6. Although this Court possesses inherent powers under Section
482 of the Criminal Procedure Code to quash the FIR and criminal
proceeding, such power can be sparingly used in appropriate cases
in light of parameters of jurisdiction laid down by Supreme Court
of India in case of State of Haryana and Ors. Vs. Ch. Bhajan
Lal and Ors.1. It is well settled that falsity of allegations or in
depth scrutiny of the material in the charge-sheet or appreciation
1 AIR 1992 SC 604.
(5) appln-608-2021.odt
of evidence is not permissible while exercising inherent powers.
When, prima facie, there is material on record depicting
involvement of applicant in the alleged offence and he is
absconding till this date, this Court would be slow in exercising
inherent powers. Consequently, there is no merit in the
application. Hence, Criminal Application stands rejected.
(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI)
JUDGE JUDGE
Devendra/October-2024
