Bombay High Court
Balkrishna Kemaji Khobragade And ... vs State Of Maharashtra Thr. Pso Ps. ... on 7 November, 2025
2025:BHC-NAG:11592-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.647 OF 2025
APPLICANTS : 1. Balkrishna Kemaji Khobragade,
aged 55 years, occ. Service, R/o.
Quarter no. NM-265, WCL Colony,
Shakti Nagar, Durgapur, Tah. & Dist.
Chandrapur.
2. Chituranjan S/o Rambhadan Kewat,
aged 47 years, deceased. Service, R/o.
Quarter no. NM-315, WCL Colony,
Shakti Nagar, Durgapur, Tah. & Dist.
Chandrapur.
3. Prakash S/o Krushnaji Khobragade,
aged 51 years, occ. Service, R/o.
Behind Pawansut Dawa Bazar, Nagina
Bagh, Ward No.3, Tah. & Dist.
Chandrapur.
4. Anil s/o Ramkrushna Malve,
aged about 59 years, occ. Service, R/o.
Quarter no. DRM-103, WCL Colony,
Shakti Nagar, Durgapur, Tah. & Dist.
Chandrapur.
..VERSUS..
NON-APPLICANTS : 1. State of Maharashtra,
through Police Station Officer, Police
Station, Durgapur, Tah. and Dist.
Chandrapur.
2. Divisional Joint Registrar, Co-
operative Societies, Dhanwate
Chambers, Sitabuldi, Nagpur.
3. District Co-operative Election Officer
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and District Deputy Registrar, Co-
operative Societies, Bhuvikas Bank
Building, Civil Lines, Chandrapur.
4. Assistant Registrar, Co-operative
Societies, Bhuvikas Bank Building,
Civil Lines, Chandrapur.
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Mr. P. D. Meghe, Advocate for Applicants.
Ms S. S. Dhote, Addl. P. P. for Non-Applicants/State.
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CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 3rd NOVEMBER, 2025.
PRONOUNCED ON : 7th NOVEMBER, 2025.
JUDGMENT (PER : NANDESH S. DESHPANDE, J.)
. Heard.
2. Admit. Heard finally with the consent of learned
Counsels for the parties.
3. This is an application under Section 528 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to
as, "the BNSS, 2023") seeking to quash the First Information
Report No.0311 of 2023 and the final report (charge-sheet) No.8
of 2023 filed by the non-applicant No.1-Police Station Officer,
Police Station Durgapur, Tah. and Dist. Chandrapur culminating
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into a Summary Criminal Case No.1119 of 2024 before the learned
Chief Judicial Magistrate, Chandrapur.
4. As per the said First Information Report and the
consequent charge-sheet filed on record, the offences complained
of are under Sections 146, 147 and 148 of the Maharashtra Co-
operative Societies Act, 1960 alongwith Sections 188 and 34 of the
Indian Penal Code, 1860. It is the case of the respondents herein
the non-applicants that consequent to the order passed by the non-
applicant No.3, it ordered the non-applicant No.4 to initiate an
action against the petitioners herein the applicants under the
provisions of the Maharashtra Co-operative Societies, Act, 1960
(hereinafter referred to as, "the Act of 1960") on the ground that
the applicants were engaged in breach of Model code of conduct.
On the basis of the complaint submitted by the non-applicant
No.4, the non-applicant No.1 registered the First Information
Report as stated above which is challenged in the present
application.
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5. As per the contents of the First Information Report,
the applicants are office bearers of a Society namely Padmapur
Open Cast Karmachari Sahakari Pat Sanstha, which is engaged in
disbursement of loan/s to its eligible members. It is further stated
in the First Information Report that when the Model code of
conduct for the elections of Co-operative Societies was in force, the
applicants convened a meeting of the Management Committee on
03.11.2022 at 12:00 noon in the office of the Society and waived
interest on loan of one of the members namely Ashok Rajeshwaar
Janve bearing membership No.345. Consequently, the First
Information Report as stated supra was registered culminating into
filing of the final report and summary criminal case mentioned
above.
6. We have heard Mr. Prakash D. Meghe, learned
counsel appearing on behalf of the applicants and Ms. Sneha S.
Dhote, learned Additional Public Prosecutor for the non-
applicants/State.
7. It is the case of the applicants that they being
employees of the Western Coal Fields are office bearers of the
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Padmapur Open Cast Mines. Padmapur Open Cast Karmachari
Pat Sanstha is a Society registered under the provisions of the
Maharashtra Co-operative Societies Act. It is further submitted
that on 01.04.2021, one Ashok Janve applied for a long term loan
of Rs.10 lakhs and said loan was sanctioned and the amount was
disbursed to him. However, subsequently, the said member was
dismissed from Western Coal Fields and as such he failed to repay
the interest and loan installment of the said amount. Due to such
default, he submitted an application to the Society requesting to
grant relaxation from payment of interest and in that case he was
ready and willing to pay the amount in lump sum. It is further
submitted that in view of the said application of Ashok, a meeting
was held and resolution was passed thereby relaxing the interest
amounting to Rs.1,29,095/- and the Society agreed to close his
loan account.
8. Thereafter, on 14.01.2023, elections to the Managing
Committee of the said Co-operative Society were held wherein, the
applicants herein were elected as a members of the Executive
Committee. However, the non-applicants as stated supra have
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initiated enquiry as a result of which, the First Information Report
in question is lodged.
9. Mr. Meghe, learned counsel for the applicants submits
that no offence much less as alleged in the First Information
Report is made out even on prima facie by reading of the
averments made therein. He further submits that there is no breach
of any Government circular as can be seen from the First
Information Report. He also submits that even if the allegations
are taken on their face value, they do not make out any offence. He
invites our attention to the fact that the amount of interest which
was waived was already deposited by the said member on
23.02.2023 and the receipt thereof is placed on record.
10. Per contra, Ms. Sneha S. Dhote, learned Additional
Public Prosecutor, while opposing the contentions advanced by the
learned counsel for the applicants states that the applicants have
committed breach of the Model code of conduct. However, while
confronted, she could not point out any particular clause of which
the breach is complained of. She, however, submits that the act of
waiving of loan was during the period when the Model code of
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conduct was in operation and the said act amounted to influence
the voters.
11. After appreciating the entire material placed on
record, we are not impressed by the contentions raised by the
learned Additional Public Prosecutor as we fail to understand how
a simple relaxation/waiver of payment of amount of interest would
amount to breach of Model code of conduct. Section 146 of the
Act of 1960 which is invoked in the present matter speaks about
various offences while Section 147 speaks about punishment for
the said offences. As can be seen from the minute perusal of
Section 146 the Act of 1960, all the applicants do not fall in any of
the categories as mentioned in the said Section. It is thus clear that
no offence is made out under the said Section.
12. As far as the offence under Section 188 of the Indian
Penal Code is concerned, Section 195 of the Code of Criminal
Procedure specifically bars the code from taking cognizance of the
offence punishable under Sections 172 and 188 of the Indian
Penal Code except on a complaint in writing of a public servant
concerned or of some other public servant to whom he is
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administratively sub-ordinate. In the present matter, it is nobody's
case that the offence under Section 188 has been made out looking
at the facts of the matter. Since, we have already held that there is
no breach of any clause of Model code of conduct. Furthermore,
Circular dated 15.06.2020 issued by the non-applicant No.3
makes it amply clear that day-to-day working of the Co-operative
Society should not be hampered and the same may be continued.
Waiving or relaxing the amount of interest is a part of day-to-day
business of the Society more particularly when the said decision is
taken by the Managing Committee by passing a resolution in that
regard. In that view of the matter, we are inclined to pass the
following order :
ORDER
i) The criminal application is allowed.
ii) First Information Report No.0311 of 2023 dated
28.12.2023 registered with Durgapur Police Station, Tah. and
District Chandrapur for the offences punishable under Sections
188 of the Indian Penal Code and under Sections 146, 147 and
148 of the Maharashtra Co-operative Societies Act, 1960 is
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quashed and set aside. Consequently, charge-sheet No.08 of 2023
dated 12.02.2024 as also Summary Criminal Case No.1119 of
2024 are also quashed and set aside.
iii) No order as to costs.
(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.)
TAMBE.
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
Date: 07/11/2025 18:33:40
