Bombay High Court

Ramesh Gulabrao Kadam And Others vs The State Of Maharashtra And Anr on 20 February, 2025

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

2025:BHC-AUG:7521-DB


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                                                                          Application 1366 of 2020.odt


                       THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                BENCH AT AURANGABAD.

                         CRIMINAL APPLICATION NO. 1366 OF 2020


              1]   Shri Ramesh Gulabrao Kadam,
                   Aged about 59 years, Occ. Retired,

              2]   Sau. Rekha Ramesh Kadam,
                   Aged about 55 years, Occ. Household,

              3]   Ashwini Anand Jagtap (Nagpurkar),
                   Aged about 34 years, Occ. Household,

                   All R/o. Metikheda, Tah. Kalamb,
                   District Yavatmal.                             ... Applicants

                         Versus

              1]   The State of Maharashtra,
                   Through Police Station Officer,
                   Police Station, Malakoli, Tah. Loha,
                   District Nanded.

              2]   Bhimrao S/o Kishanrao Nagargoje,
                   Aged about 49 years, Occ. Private,
                   R/o. Malakoli, tah. Loha,
                   District Nanded.                               ... Respondents


                                                ...
              Ms. Amita D. Chate, Advocate for Applicants.
              Mr. A. M. Phule, APP for Respondent No.1 / State.
              Mr. Hamzakhan I. Pathan, Advocate for Respondent No.2.
                                                ...


                                            CORAM : SMT. VIBHA KANKANWADI &
                                                    SANJAY A. DESHMUKH, JJ.
                                            DATE        :   20th February, 2025.
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                                                       Application 1366 of 2020.odt


J U D G M E N T :

(Per Sanjay A. Deshmukh, J.)

. Rule. Rule made returnable forthwith and heard finally by

the consent of the parties.

2 This is an application under Section 482 of the Code of

Criminal Procedure, 1973, for quashing of the proceedings bearing

R.C.C. No.91 of 2020, pending in the Court of learned Judicial

Magistrate First Class - 1, Loha, District Nanded, arising out of First

Information Report (for short "FIR") in Crime No.85 of 2020, dated

22nd April, 2020, registered with Malakoli Police Station, Taluka Loha,

District Nanded, for the offences punishable under Sections 420, 419,

467, 468 and 471 read with 34 of the Indian Penal Code, 1960 (for

short "the IPC").

3 Applicant Nos.1 and 2 are the parents and applicant No.3

is the sister of co-accused Mahesh Kadam. The informant is an

agriculturist as well as ex-serviceman, retired from the Army. His son

Sachin Bhimrao Nagargoje was trying for joining the Assam Rifles.

Sachin noticed an advertisement. Accordingly, he followed that

process of joining in Assam Rifles. He went to Assam, but could not

succeed in those tests. He came back. He received phone call from

co-accused Mahesh Kadam (the son of applicant Nos.1 and 2).

Application 1366 of 2020.odt

Mahesh told Sachin that although Sachin failed to succeed in the

Assam Rifles recruitment, Mahesh could still get Sachin recruited if he

pays Rs.4,00,000/-. Mahesh told that he is the Captain in the

Engineer Regiment. Mahesh convinced the informant and his son

Sachin for paying the amount of Rs.4,00,000/-. On 7 th September,

2017, Mahesh came to the house of informant at Malakoli and

demanded that amount for joining the son of informant in the Assam

Rifles. He assured that if he is not able to join the son of informant in

the Assam Rifles, he will return that amount. That time, Mahesh said

now pay Rs.2,00,000/- and after getting the appointment order, pay

remaining amount of Rs.2,00,000/-. The informant collected some

amount from his relatives and paid that amount to co-accused

Mahesh in the presence of informant's brother Babu and others.

Mahesh collected marks-memo of H.S.C., Transfer Certificate, Caste

Certificate, Domicile Certificate, Non-Creamy Layer Certificate and

passport-size photographs of Sachin. Mahesh assured that he will

certainly join the son of informant in the Assam Rifles. In October

2017, Mahesh made phone call to the informant. The informant was

called at Metikheda. The informant went there. That time, Mahesh

handed over the appointment letter in the Assam Rifles dated 28 th

October, 2017, upon which there was signature of Deputy

Commandant and also the seal of office. Mahesh demanded the

Application 1366 of 2020.odt

remaining amount of Rs.2,00,000/- and directed him to pay that

amount. In December 2017, Mahesh demanded Rs.2,00,000/- and

informed that informant's son's job in Assam Rifles is fully processed

and completed. On 20th December, 2017, the informant alongwith his

brother and others went to Metikheda. There the informant met with

co-accused Mahesh (son of applicant Nos.1 and 2). That time,

applicant Nos.1 to 3 were present. In their presence, Mahesh asked

the informant as to whether Rs.2,00,000/- is brought ? That time, the

informant paid that amount. Mahesh handed over the letter of

appointment in the Assam Rifles in the name of the son of informant

having seal and signature of officer. At that time, all these three

applicants also helped co-accused Mahesh for counting the money.

On 17th April, 2018, informant's son Sachin went for joining the duty

alongwith Mahesh Kadam at Assam. When Sachin reached there, he

told the informant that his training has been started. Sachin was

sending the photographs of his Assam Rifles uniform on the

WhatsApp. Thereafter, co-accused Mahesh Kadam also said to the

informant that if any relative is willing to join in the Assam Rifles, send

them with Rs.4,00,000/-. Seeing Sachin's photos in uniform, many

villagers believed that he has been recruited. Therefore, they

requested the informant to get their children recruited as well. In June

2018, Mahesh Kadam again came to the village of informant. Eight

Application 1366 of 2020.odt

persons met him for getting service in the Assam Rifles. From those

eight persons, co-accused Mahesh collected Rs.16,00,000/- i.e.

Rs.2,00,000/- per person, in the presence of the informant.

Thereafter, again on 18th July, 2018, the remaining amount of

Rs.16,00,000/- were paid to Mahesh Kadam in the presence of these

applicants. That amount was counted by these applicants alongwith

co-accused Mahesh. Mahesh had also given false and bogus

appointment orders to those eight persons.

4 When the fact of cheating was revealed, the informant

and others tried to contact co-accused Mahesh Kadam. However, his

mobile handset was switched off. Therefore, they went to Metikheda

to the village of Mahesh Kadam. At that time, the co-accused Mahesh

said that he has also been cheated. He assured that he will get back

that amount and return it to them. The informant frequently went

there for getting that amount. Lastly, co-accused Mahesh Kadam

threatened the informant and expelled from there. Therefore, the

report was lodged that Mahesh Kadam had cheated for an amount of

Rs.36,00,000/-.

5 The learned counsel for the applicants submitted that the

applicants are falsely implicated in the crime. Only because applicant

Application 1366 of 2020.odt

Nos.1 and 2 are parents and applicant No.3 is sister of co-accused

Mahesh Kadam, they are falsely implicated in the crime. Applicant

No.1 is a retired Army man. He has no criminal antecedents. The

other applicants have also no criminal antecedents. Applicant No.3 is

married sister of co-accused Mahesh Kadam. If the applicants are

compelled to face the trial, they will certainly suffer, having no

connection with illegal act in the commission of said crime. She lastly

prayed to allow the application by quashing the report and the charge-

sheet.

6 The learned APP for the State strongly opposed the

application and submitted that the applicants are involved in the

serious crime. They have participated in the crime. They have

counted lakhs of rupees and duped an amount of Rs.36,00,000/-.

Their overt act is establishing from the report itself. He lastly prayed

to reject the application.

7 The learned counsel for respondent No.2 also strongly

opposed the application and submitted that the names of applicants

alongwith their roles i.e. involvement in the said crime is prima-facie

establishing from the report. They have counted that amount, which

shows their involvement and common intention. Therefore, Section

Application 1366 of 2020.odt

34 of the IPC is invoked against the applicants alongwith Section 420

of the IPC. Huge amount of Rs.36,00,000/- is duped by the applicants

and co-accused Mahesh Kadam. He submitted that considering the

strong evidence against the applicants, the application deserves to be

rejected.

8 We have perused the application, report and the charge-

sheet.

9 A reference can be made to the judgment in the case of CBI

vs. Aryan Singh, reported in, 2023 SCC Online SC 379, in which the

Honourable Supreme Court held that as under:-

"Para 10... As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr. P.C., the Court is not required to conduct the mini trial."

10 The Honourable Supreme Court in the case of Dharambeer

Kumar Singh Vs. The State of Jharkhand and another, reported in,

AIR 2024 SC 4499, in paragraph No.18 held as under:-

"18. At the cost of repetition, we state that admittedly respondents are the beneficiaries and merely because

Application 1366 of 2020.odt

the appellant was an equal mischief player and/or a person having criminal antecedents at his credit by itself will not absolve respondents from the criminal liability as alleged against them. Least to say, "Two wrongs do not make a right.""

11 In the report, informant stated in detail as to how the son

of applicant Nos.1 and 2 and brother of applicant No.3 got confidence

from the informant and other eight persons for joining in the Assam

Rifles. When an amount of Rs.2,00,000/- was paid to the main

accused Mahesh Kadam by the informant, it was counted by these

three applicants. When the amount of Rs.2,00,000/- each (total

Rs.16,00,000/-) was paid by the eight persons to co-accused Mahesh

Kadam in his house, it was also counted by these applicants. The

false and fabricated provisional selection letters and appointment

letters in the Assam Rifles are part of the charge-sheet. From the

cause title of the application, it appears that though applicant No.3 is

married sister of main accused Mahesh Kadam, she is residing with