Bombay High Court
Mr. Dilip S/O Baratilal Jaiswal And ... vs The State Of Maharashtra Thr. Pso Ps Ajni ... on 13 November, 2025
2025:BHC-NAG:11948-DB
J-apl1008.24 final.odt 1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.1008 OF 2024
1. Mr. Dilip s/o. Baratilal Jaiswal,
Aged 66 years,
Occupation : Business,
R/o. Block C-3, Beside Lamti Sub-Station,
Yashwar Nagar, Kachnar City,
Vijay Nagar, Jabalpur,
Madhya Pradesh.
2. Ajay Ramchandra Jaiswal,
Aged 57 years,
Occupation : Business,
R/o. Sainath Nagar, Nagpur Naka,
Bhandara,
Tah. & Distt. Bhandara. : APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through Police Station Officer,
Ajni Police Station, Nagpur.
2. Mayur s/o. Manikrao Golhar,
Aged about 43 years,
Occupation : Business,
R/o. Behind Canara Bank,
Takre Chowk, Deori,
Distt. Wahsim. : NON-APPLICANTS
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Mr. S.K. Bhandarkar, Advocate for Applicants.
Mr. N.B. Jawade, Additional Public Prosecutor for Non-applicant No.1.
Mr. N.B. Bargat, Advocate for Non-applicant No.2.
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J-apl1008.24 final.odt 2/6
CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 07th NOVEMBER, 2025.
PRONOUNCED ON : 13th NOVEMBER, 2025.
JUDGMENT :
(Per : Nandesh S. Deshpande, J.)
1. Heard. Admit. Heard finally by consent of learned
counsel appearing for the parties.
2. This is an application filed under Section 482 of the
Criminal Procedure Code seeking quashing of First Information
Report bearing Crime No.0095/2024, registered with Police Station
Ajni, Nagpur, for the offences punishable under Sections 420, 465,
467, 468, 471, 506(2) and 504 read with Section 34 of the Indian
Penal Code.
3. The First Information Report lodged by
non-applicant No.2 with non-applicant No.1 stating that his father
namely, Manikrao Shamraoji Golhar had purchased a Plot bearing
No.167 from one Indraprastha Gruhnirman Sahakari Sanstha. The
said Plot was situated at Mouza Babulkheda, P.H. No.39, Khasra
Nos.90 and 92, admeasuring 4000 Sq.ft. The said Plot was
purchased by the father of the non-applicant No.2, through the
President of the said Society, namely, Gulabrao Mahadeorao Dhage
by paying valuable consideration therefor.
4. It is further alleged in the said First Information Report
that after attaining old age, said father of the non-applicant No.2 on
3.12.2015 executed a registered power-of-attorney in his name and
thereafter the said Plot continued to be in his possession. The
non-applicant No.2 further states in the First Information Report
that he thereafter got the knowledge that the present applicant
No.1 has on the basis of forged documents has purchased the said
Plot from the same Society i.e. Indraprastha Gruhnirman Sahakari
Sanstha. He, therefore, states that he obtained certified copies
which however stated otherwise. It is further stated in the First
Information Report that on 1.2.2024 when the construction was
going on over the said Plot, the applicants barged over the said Plot
and threatened the labourers working thereon to stop work
otherwise they would resort to violence. A altercation ensued
between the parties and when non-applicant No.2 reached there,
he appraised the applicants about the said Plot and he being the
purchaser of the same. However, the applicants, according to the
First Information Report were in no mood to listen and abused the
non-applicant No.2 in filthy language. This led the non-applicant
No.2 to lodge the present F.I.R. which is challenged in the present
application.
5. We have heard Mr. S.K. Bhandarkar, learned counsel
for applicants, Mr. N.B. Jawade, learned Additional Public
Prosecutor for non-applicant No.1 and Mr. N.B. Bargat, learned
counsel for the non-applicant No.2.
6. Learned counsel for the applicant Mr. S.K. Bhandarkar
submits that he is a bona fide purchaser of the Plot in question
having purchased the same from the said Society vide registered
Sale-deed dated 14th December, 2009 by paying valuable
consideration. He, therefore, submits that even assuming the
allegations in the First Information Report to be correct in its
entirety, he cannot be roped in as an accused.
7. Per contra, Mr. N.B. Jawade, learned Additional Public
Prosecutor squarely opposed the submissions of the learned counsel
for the applicants and says that the applicants are involved in
forging the documents and thereby claiming title over subject Plot.
8. Mr. N.B. Bargat, learned counsel for non-applicant
No.2 also supports the contentions of the learned A.P.P and the
pray for dismissal of the application.
9. We have considered the controversy involved in the
present matter. As can be seen from the record the applicant No.1/
Dilip B. Jaiswal has purchased the Plot bearing No.167 vide
registered Sale-deed which as on date is not challenged or set aside
by the competent Court. It, therefore, follows that the applicant
No.1 continues to remain a purchaser and an owner of the Plot in
question. After going through the Sale-deed in question it can be at
least prima facie seen that the applicant No.1 is a bona fide
purchaser. The controversy in the present matter is regarding the
Society selling the Plot in question firstly to the father of the non-
applicant No.2 and then transferring the same Plot to the applicant
No.1. Therefore, if anybody is to be roped in, it is the said Society,
who has done anything wrong assuming to be such. The applicant
No.1 as also other applicants can be said to be no way concerned
with the controversy involved. Furthermore there is no question of
forging any document as such and, therefore, offence punishable
under Sections 467 and 468 can also not be made out. In that view
of the matter we pass following order :
ORDER
(i) The application is allowed.
(ii) The First Information Report bearing
Crime No.0095/2024, registered with Police Station Ajni, Nagpur,
for the offences punishable under Section 420, 465, 467, 468, 471,
506(2) and 504 read with Section 34 of the Indian Penal Code, is
quashed and set aside.
(iii) The parties to bear their own costs.
(iv) Application is disposed of.
(v) Pending application(s), if any, are also
disposed of.
(Nandesh S. Deshpande, J.) (Urmila Joshi-Phalke, J.)
wadode
Signed by: Mr. Devendra Wadode
Designation: PS To Honourable Judge
Date: 13/11/2025 14:55:11
