Bench allowed criminal application to quash challan against applicants as court found no material to connect them to the unauthorized kerosene stock case.
R.C.C. No. 120 of 2011 stands quashed and set aside to the extent of the applicants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CriApln 1318/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1318 OF 2012
1 Sharangdhar Ramlal Lohar Applicants 2 Bhagwandas Ramlal LoharV E R S U S
The State of Maharashtra
Respondent
Shri S.S. Bora, Advocate for the applicants
Shri N.H. Borade, APP for the respondent/State
CORAM : A.V.NIRGUDE, J.
DATE : 20th April, 2012
PER COURT :-
1.The applicants are made accused in Crime No.
3032 of 2010 registered with Muktainagar Police Station,
District Jalgaon.
Facts leading to the registration of the crime
disclosed in the F.I.R. and charge-sheet can be stated
as under :-
2.On 15thDecember, 2010, the Tahsildar of
Muktainagar received secret information that an
unauthorized stock of kerosene would be found at a place
in Muktainagar. Accordingly, the Tahsildar and his staff
alongwith police visited the place mentioned in the
secret report. On inspection of the place, they found
2 CriApln 1318/12
large stock of kerosene in number of barrels. They also
found one Sunil at the premises, and since he was found
apparently in possession of this stock, he was arrested
and was made accused.
3.Immediately complaint was lodged by the
Tahsildar. At the time of visit, the police and
Tahsildar also found a vehicle – a tanker-truck for
transporting kerosene. This vehicle was found to be
belonging to the applicants. The applicants are therefore
added as accused. The Investigating Officer in his short
report stated the reason as to why the applicants are
made accused. He stated that since the vehicle belongs
to the applicants found at the place, he suspected that
Sunil was their accomplice partner etc. In addition to
this, he also said that the applicants are authorized
stockists of kerosene at Raver. However, besides this
suspicion expressed by the Investigation Officer, there
is nothing on record to suggest that accused Sunil was
seen visiting the premises of the applicants for the
purposes of taking away etc of kerosene unauthorizedly.
It is not the case of the prosecution that the kerosene
that was found in possession of Sunil came from the
applicants’ stock at Raver. The Investigation Officer
thus has no material to connect the applicants to this
case of unauthorized stock of kerosene found in
possession of the accused Sunil save and except that the
3 CriApln 1318/12
vehicle belonging to them was found parked near the
premises of accused Sunil. After perusal of the entire
charge-sheet and the complaint, I find no material to
connect the applicants with this case, and so, this is a
fit case where this Court can utilize it’s power under
Sec. 482 of Cr.P.C. for quashing of the case as against
the applicants. In view of this, R.C.C. No. 120 of 2011
pending against the applicants on the file of Judicial
Magistrate, First Class, Muktainagar stands quashed and
set aside only to the extent of the applicants. The case
shall continue against other accused. In view of above,
Criminal Application stands allowed.
SRM/20/4/12
2 issues framed by the court
Whether the applicants have any material connecting them to the case of unauthorized stock of kerosene.
Whether Criminal Application under Sec. 482 of Cr.P.C. should be allowed to quash the charge against the applicants only.
1 provisions across 1 enactments
Sharangdhar Ramlal Lohar
Bhagwandas Ramlal Lohar
The State of Maharashtra
A.V.NIRGUDE
As recorded by the court registry
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