[Cites 4, Cited by 0]
Bombay High Court
Ajay Krushna And 2 Others vs State Of Mah., Thr. P.S. Brahmapuri, ... on 13 January, 2026
2026:BHC-NAG:554-DB
apl 242-2020 J..doc 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.242/2020
1. Ajay Krushna,
Aged 50 years, Occ- Service,
2. Ankit Singh
Aged 31 years, Occ. Service,
3. Chittaranjan Pradip Kumar Mishra
Aged 30 years, Occ. Service
Applicant No.1 to 3 Resident of Raipur-
Rajnandgaon- Warora Transmission Ltd, Adani
Corporate House, 3rd Floor, Shantigram, SG
Highway, Ahmedabad, Gujrat.
... APPLICANTS
...VERSUS...
1. State of Maharashtra
Through Police Station Brahmapuri,
Chandrapur
2. Dhondu Sambhaji Bankar,
Aged 50 years, Occ- Agriculturist,
R/o Uchli, Tah Brahmapuri,
Dist Chandrapur
...NON-APPLICANTS
---------------------------------------------------------------------------------------------
Shri M.N. Ali, Advocate for applicants
Shri A.M. Ghogre, APP for non-applicant/State
---------------------------------------------------------------------------------------------
CORAM : PRAVIN S. PATIL, J.
DATED : 13.01.2026
apl 242-2020 J..doc 2/5
ORAL JUDGMENT
. Heard.
2. By way of present application, the applicant is praying
to quash and set aside the First Information Report vide Crime
No.73/2020 registered with Police Station Brahmapuri, Chandrapur
for the offences punishable under Sections 406, 420, 34 of the
Indian Penal Code.
3. It is alleged by non-applicant No.2 in his report that he
is the owner of the agricultural field in village Uchli, Tah.
Brahmapuri, District Chandrapur, bearing Gat No.190 admeasuring
5 HR. In Raipur-Rajnandgaon-Warora Transmission Ltd. has erected
towers in the year 2016 to 2018. While laying of transmission line,
the crops of the non-applicant No.2 were damaged and he has to
bear loss due to maintenance and transmission line. It is also
alleged that as per the committee constituted for determining
compensation, an amount of Rs.5,68,491/- was to be paid to non-
applicant No.2, however, company has not paid compensation till
date.
4. It is stated that non-applicant No.2 and other
agriculturists had given permission for erecting towers on the
condition of payment of compensation. However, the officers are
not paying the compensation and accordingly, the complaint came
to be lodged.
5. It is the submission of the present applicant that there
is a separate mechanism provided under the Telegraph Act to file
the dispute in respect of the compensation. In any case, the present
applicants cannot be prosecuted for non-payment of the
compensation in the matter.
6. It is pertinent to note that bare perusal of complaint
against the applicants that there are no averments of cheating or of
any nature to attract the prosecution of Sections 406, 420 and 34 of
the Indian Penal Code. The allegations on it's face value seems to be
of civil nature. However, only for recovery of the amount of
compensation, present application is filed.
7. It is further pertinent to note that the present
applicants are merely employees of Raipur-Rajnandgaon-Warora
Transmission Ltd. and not the authority to disburse the
compensation amount in the complaint. So also, the authority to
pay the compensation Raipur-Rajnandgaon-Warora Transmission
Ltd.
8. It is further pertinent to note that the specific
statement is made in the complaint by the applicants that the
committee has already determined the compensation of
Rs.2,84,245/- as compensation to be paid to the non-applicant No.2
for the land acquired for laying of transmission line but non-
applicant No.2 is not responding for the same. In light of the above,
it is prima facie clear that no offence is made out under Sections
406, 420 and 34 of the Indian Penal Code.
9. In the present matter, considering the entire
documentary evidence and the reasons stated above, I am of the
considered opinion that interference of this Court by invoking the
extraordinary writ jurisdiction is necessary to prevent the present
applicants from being dragged in the criminal proceedings. Hence,
for the aforesaid reasons, I proceed to pass the following order:
ORDER
i) The application is allowed.
ii) The First Information Report vide Crime No.73/2020
registered with Police Station Brahmapuri, Chandrapur for the
offences punishable under Sections 406, 420, 34 of the Indian Penal
Code is hereby quashed and set aside.
10. No order as to the costs.
(PRAVIN S. PATIL, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 14/01/2026 20:13:17
