High Court allowed criminal application under Section 482 CrPC to quash FIR registration based on magistrate inquiry order, holding removal of articles from expired licensee premises was not illegal.
Criminal Application No.4539 of 2007 allowed, relief granted in terms of prayer clause (B), rule made absolute.
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
925 Application 4539 of 2007.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 4539 OF 2007
| 1. | Hashmi Syed Majid Ali s/o Syed Akbar Ali, Age: 52 years, Occu: Service as Depot Manager in M.S.R.T.C. Nanded Depot, R/o Central Bus Station, Nanded. |
|
|---|---|---|
| 2. | Rajeshwar s/o Yelappa Mupade, Age: 44 years, Occu: Service as Assistant Traffic Superintendent, Stand in-charge, Nanded Central Bus Station, R/o Nanded, Dist. Nanded. |
|
| 3. | Navneed s/o Machindranath Chaturbhuj, Age 49 years, Occu: Service as Traffic Inspector (Commercial) Central Bus Station, R/o Nanded, Dist. Nanded. |
...APPLICANTS |
| V E R S U S | ||
| 1. | The State of Maharashtra, Through Police Station Vazirabad, Nanded, Dist. Nanded. |
|
| 2. | Gopal s/o Chotulal Bhatawale, Age: 45 years, Occu: Business, R/o Near Saw Mill, Itwara Bazar, Nanded. |
...RESPONDENTS |
Ms. Tahiwarkhan Wajeedkhan Pathan, Advocate for Applicants. Mrs. V. S. Choudhary, APP for Respondent No.1 / State. Mr. S. G. Chincholkar, Advocate for Respondent No.2.
2
925 Application 4539 of 2007.odt
WITH
CRIMINAL APPLICATION NO. 1594 OF 2018
| 1. | Hashmi Syed Majid Ali s/o Syed Akbar Ali, age: 64 years, Occupation Retired Depot Manager, M.S.R.T.C. Nanded, R/o Central Bus Stand Nanded. |
...APPLICANTS |
|---|---|---|
| V E R S U S | ||
| 1. | The State of Maharashtra, Through: Police Station Vazirabad, Nanded District Nanded. |
|
| 2. | Gopal s/o Chotulal Bhatawale, Age: 55 years, Occupation Business, R/o near Saw Mill, Itwara Bazar, Nanded. |
… NON-APPLICANTS |
| 3. | Rajeshwar s/o Yelappa Muade, Age: 55 years, Occupation Service as Assistant Traffic Superintendent, Central Bus Stand,Tq. & Dist. Nanded. |
|
| 4. | Navneed s/o Machindranath Chaturbhuj, Age 59 years, Occupation Service as Traffic Inspector (Commercial) Central Bus Stand Nanded, Tq. & Dist. Nanded. |
… NON-APPLICANTS (Original Applicants 2 & 3) |
Ms. Tahiwarkhan Wajeedkhan Pathan, Advocate for Applicant. Mrs. V. S. Choudhary, APP for Respondent No.1 / State. Mr. S. G. Chincholkar, Advocate for Respondent No.2.
3
925 Application 4539 of 2007.odt
CORAM : T. V. NALAWADE & K. L. WADANE, JJ.
DATE : 03rd July, 2018.
JUDGMENT: ( Per T. V. Nalawade, J. )
. The application is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of Crime No.253 of 2007, registered with Vazirabad Police Station, Nanded, for the offences punishable under Sections 395, 447 and 379 read with 34 of the Indian Penal Code and Section 136 of the Indian Electricity Act.
2 Both the sides are heard.
learned Judicial Magistrate First Class under Section 156(3) of the Code of Criminal Procedure in Criminal Application No.272 of 2007. It is the contention of Respondent No.2, Complainant that he was running a stall of sugarcane juice in the premises of MSRTC and he had some dispute with MSRTC about his entitlement to run such business in the premises of MSRTC. It is contended that he had filed Regular Civil Suit No.672 of 2006 in Civil Court against MSRTC and in
the suit, for some time, there was relief of temporary injunction in his
4
925 Application 4539 of 2007.odt
favour. It is his contention that if his licence period was over, MSRTC was expected to file proper proceeding for eviction under the Government Premises Eviction Act, but that was not done. It is contended that on 19th October, 2007, the Applicants and their employees went to stall, they removed the articles to take possession and they also committed offence under Section 136 of the Electricity Act, 2003 as the supply of electricity was cut off.
4 The submissions made show that Respondent No.2, Complainant has informed to MSRTC that he has returned the possession to MSRTC and he had even paid the charges for using the premises. This letter was given on 21st May, 2017. In any case, it is not disputed that the licence period was over and the Civil Court had vacated the injunction, which was initially granted in favour of Respondent No.2. He was simply licencee in the premises and as his period was over, he was unauthorizedly in the premises of MSRTC. In view of these circumstances and as articles of Respondent No.2 were there without authorization, they were removed. There is a record of taking police help and preparing Panchanama of the incident. Thus, nothing was done illegal. It is clear that only to
5
925 Application 4539 of 2007.odt
pressurize the Applicants, officers of MSRTC, report was given to
police. In the result, the following order is passed:
O R D E R
abroad is disposed of as there is no necessity of
such permission.
[ K. L. WADANE, J. ] [ T. V. NALAWADE, J. ]
ndm
2 issues framed by the court
Whether the crime registered based on judicial magistrates inquiry order requires quashing due to underlying civil dispute.
Whether removal of articles by applicants from premises constituted offences under IPC and Indian Electricity Act.
7 provisions across 3 enactments
Hashmi Syed Majid Ali
Rajeshwar
Navneed
The State of Maharashtra
Gopal
T. V. NALAWADE
K. L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
