Bombay High Court
Shashikant S/O. Dasrao Phatak vs The State Of Maharashtra on 25 October, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:26468-DB
(1) appln-2772-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2772 OF 2019
Shashikant S/o Dasrao Phatak,
Age: 46 years, Occu: Business,
R/o. Kalamb, Tq. Kalamb,
Dist. Osmanabad. ..Applicant
Versus
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Kalamb,
Tq. Kalamb, Dist. Osmanabad.
2. Ashok Dharmraj Nandalgaonkar,
Age: Major, Occu: Retired Tahsildar,
R/o. Shahu Nagar, Pangri Road,
Beed 431122. ..Respondents
...
Mr. V. D. Salunke h/f Mr. M. V. Salunke, 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.
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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.8.
3. Mr. Salunke, learned Advocate appearing for the applicant
submits that applicant is respectable person and he has been
falsely implicated in aforesaid crime. The applicant runs business
of cloth, petrol petrol pump and adat shop since 1994. He owns
agriculture land. He is also elected as Director of APMC Kalamb.
He would submit that accused no.1-Abhijeet Kharate is prime
accused. The name of the applicant was not reflected in the FIR,
which was based on alleged enquiry report by the Inspection Squad
appointed through Collector Office. The name of the applicant was
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never in picture. No suspicion was raised against him in the
enquiry and investigation. Even when earlier charge-sheet was
filed, applicant was not shown as accused. However, for the
political reasons, his name has been implicated in supplementary
charge-sheet. He would submit that applicant was in the business
of adat shop and deals with agriculture products brought by the
farmers. He cannot refuse to receive goods put to his adat shop by
any farmer. However, on the basis of assumption and
presumption, applicant is roped in the crime. Consequently, his
name is figured in the supplementary charge-sheet. The applicant
was never called for enquiry by police nor he was given opportunity
to clarify so called evidence against him.
4. Mr. Salunke would take us through contents of the charge-
sheet and submits that there is absolutely no material to link the
applicant with the commission of offence. He is sought to be roped
in the crime on the basis of alleged diary recovered through the
house search of accused no.1, wherein transactions worth
Rs.20,31,850/- are noted and allegations is employed that goods
received from Government warehouses were transported to adat
shop of applicant. Mr. Salunke would further submit that
applicant has been falsely shown as absconding till the date of his
arrest on 21.06.2018, although he was very much available and
was busy in conduct of his day to day business.
5. Per contra, Mr. Kulkarni, learned APP appearing for
respondent-State vehemently submits that applicant was
absconding since his name was revealed as accused. The applicant
facilitated sale of goods received from accused no.1 in the black
market. Large chunk of goods misappropriated by accused no.1-
Abhijeet Kharate was transported to adat shop of applicant and it
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was sold in the black market. He would submit that there is
sufficient material in the charge-sheet that would depict
involvement of applicant in commission of offence in connivance
with accused no.1. Although name of the applicant is not
appearing in the FIR, during the course of investigation name of
the applicant is surfaced. Accordingly, charge-sheet was filed
against him after his arrest was secured. He would submit that
there is no merit in the contentions of the applicant.
6. We have considered submissions advanced on behalf of the
learned Advocates appearing for the respective parties. We have
gone through the contents of FIR and charge-sheet. Apparently,
name of the applicant is not shown as accused in the FIR. The FIR
was lodged by Tahsildar, Kalamb on the basis of enquiry report as
against accused no.1, who was in-charge of Government
warehouses and found to have misappropriated food grains worth
Rs.1,32,96,051/-. However, during the course of further
investigation as regards to the disposal of food grains in the black
market, the role of the other accused persons appears to have been
surfaced. The statement of witnesses have been recorded under
Section 161 of the Criminal Procedure Code. One Dasharath @
Dasu Babu Lohar in his statement dated 17.07.2017 gives detailed
version regarding modus operandi of accused for black marketing
of goods. He states that he was working as Hamal at Government
warehouse, Kalamb and he was responsible to load vehicle. In his
statement he discloses that misappropriated quantity of goods was
transported through vehicle owned by applicant and thereafter
ported at his shop. Thereafter, shop owner used to pay the amount
to accused no.1. Similarly, in statement of Mr. Samrut Narayan
Sukate, who was Record Keeper with accused no.1, he clearly
states that misappropriated food grains from Government
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warehouses were transported to traders at Barshi and specifically
names applicant who used to deal with black marketed goods.
There is some documentary evidence that would depict
involvement of the applicant in commission of offence.
7. 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
of evidence is not permissible while exercising inherent powers.
When, prima facie, there is material in charge-sheet depicting
complicity of applicant in the alleged offence, this Court would be
slow in exercising inherent powers and grant relief prayed.
Consequently, there is no merit in the application. Hence,
Application stands rejected.
(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI)
JUDGE JUDGE
Devendra/October-2024
1 AIR 1992 SC 604.
