Bombay High Court
Ashok Markandi Marganwar vs State Of Mah. Thr. Pso Ps Mul ... on 13 August, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:7975-DB
Judgment 1 APL206-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 206 OF 2023
Ashok Markandi Marganwar,
Age : 55 years, Occupation : Agriculturist,
R/o. Ward No.3, Chandrapur, Mul,
Dist. Chandrapur.
.... APPLICANT.
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Mul, District :
Chandrapur.
2. Sonitai Kalidas Deshmukh,
Age - 23 years, Occupation : Agriculturist,
R/o. Chandrapur, Tah. Mul, District :
Chandrapur.
.... RESPONDENTS.
___________________________________________________________________
Shri Rajnish Vyas, Advocates for Applicant.
Shri S.S.Doifode, A.P.P. for Respondent No.1/State.
Shri Rahul Alone, Advocate for Respondent No.2.
___________________________________________________________________
CORAM : ANIL S. KILOR AND
PRAVIN S. PATIL, JJ.
DATE OF RESERVING THE JUDGMENT : 16/04/2025
DATE OF PRONOUNCING THE JUDGMENT : 13/08/2025
JUDGMENT :
(Per : Anil S. Kilor, J.)
1. Heard.
Judgment 2 APL206-2023.odt
2. RULE. Rule made returnable forthwith. Heard by consent of
the learned counsel for the parties.
3. The applicant by way of this application filed under Section 482
of the Code praying for quashing and setting aside the First Information
Report No.613 of 2022, dated 23/12/2022, registered with Police Station,
Mul, District : Chandrapur for the offences punishable under Sections 354,
354A(1)(i), 509, 294, 323, 504 and 506 of the Indian Penal Code on the
ground that the complaint is vexatious and made to falsely implicate the
applicant.
The brief facts of the present case are as under :
4. On 23/12/2022 a complaint lodged by the non-applicant No.2
came to be registered as Crime No. 613 of 2022 for the above referred offences
with Police Station, Mul, District : Chandrapur. The non-applicant No.2
alleged that a quarrel took place between her and the applicant at the monthly
meeting of the Gram Panchayat on 23/12/2022 and it is alleged that in the
same course the applicant physically assaulted the non-applicant No.2 by
holding her hand and breaking her bangles. It is also alleged that the applicant
used improper language and abused the non-applicant No.2 and thereby
outraged her modesty.
Judgment 3 APL206-2023.odt
5. Whereas, it is the case of the applicant that there were several
illegalities committed by the non-applicant No.2, who is Sarpanch, and
pursuant to that a complaint was made by the applicant to the Block
Development Officer in a capacity as Up-Sarpanch. Thereupon, vide order
dated 19/04/2022 an inquiry was directed and a detailed show cause notice on
each of the allegations was issued to the non-applicant No.2. It is further
pointed out that the application under Section 39 of the Maharashtra Village
Panchayats Act, 1959 was also preferred by the petitioner for removal of the
non-applicant No.2 from the post of Sarpanch. Thus, it is argued that the
alleged complaint is false and is manifestly attended with malice. Accordingly,
it is prayed that the same may be quashed.
6. Having gone through the record and on perusal of the complaint
it is evident that the allegation against the applicant is that in the meeting dated
23/12/2022 the applicant caught her hand and abused her in unparliamentary
language and thereby the applicant outraged her modesty.
7. However, if the instances prior to lodging of the complaint on
23/12/2022 are considered it will be revealed that the applicant, in a capacity as
Up-Sarpanch, made a complaint to the Sub-Divisional Officer against the
enormous illegalities in the functioning of the non-applicant No.2 as Sarpanch.
The complaint made by the applicant against the non-applicant No.2 to the
Judgment 4 APL206-2023.odt
Sub-Divisional Officer discloses serious allegations made by the applicant
against the non-applicant No.2. It is further evident that the Sub-Divisional
Officer discloses serious allegations made by the applicant against the non-
applicant No.2. It is further evident that the Sub-Divisional Officer took
cognizance of the same and directed the Block Development Officer to make
an inquiry. On the report submitted by the Block Development Officer, the
Chief Executive Officer, Zilla Parishad, Chandrapur on 07/12/2022 issued
show cause notice to the non-applicant No.2 stating therein each and every
allegations against the non-applicant No.2.
8. It is further evident that in proximity of the date of the complaint
lodged by the non-applicant No.2, the applicant moved an application under
Section 39 of the Maharashtra Village Panchayats Act, 1959 for removal of the
applicant.
9. Thus, there is sufficient material to show that the applicant was
consistently pursuing the matter against the non-applicant No.2 for her alleged
illegalities and the irregularities committed while working as Sarpanch.
10. In the above referred backdrop, I find substance in the
submission of the learned counsel for the applicant that the FIR against the
applicant is manifestly attended with mala fides and the same is registered with
Judgment 5 APL206-2023.odt
ulterior motive of wrecking vengeance due to private and personal grudge.
Thus, by applying the law laid down by the Hon'ble Supreme Court of India in
the case of Sate of Haryana ..vs. Bhajan Lal, reported in 1992 Supp (1) SCC
335 it would be necessary to invoke provisions of Section 482 of the Code of
Criminal Procedure to quash and set aside the FIR registered against the
applicant.
11. Accordingly, we pass the following order :
i) The Criminal Application is allowed.
ii) The First Information Report No.613 of 2022 dated
23/12/2022, registered with Police Station, Mul, District :
Chandrapur for the offences punishable under Sections 354,
354A(1)(i), 509, 294, 323, 504 and 506 of the Indian Penal
Code, is hereby quashed and set aside.
Rule is made absolute accordingly.
(PRAVIN S. PATIL, J) (ANIL S. KILOR, J)
RRaut..
Signed by: Raut (RR)
Designation: PS To Honourable Judge
Date: 14/08/2025 12:13:24
