Anil Panditrao Salunke v. the State of Maharashtra and Another
Quashing of FIR – inherent powers under Section 482 CrPC
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (Vibha Kankanwadi & Rohit W. Joshi, JJ.; order per Kankanwadi, J.), 13 January 2025 — Criminal Applications Nos.1322 and 1325 of 2024 by Anil Panditrao Salunke and Kirsingh Hunya Vasave sought quashing of FIR Crime No.498 of 2023, Akkalkuwa Police Station, District Nandurbar (Sections 420, 409 r/w 34 IPC) alleging cheating of the government of about Rs.48.53 lakh in borewell contracts for 51 beneficiaries (Narmada Vikas Project); second applicant a Zilla Parishad member arrayed as accused No.2. Court held the clash between the committee report underlying the FIR and the applicants' reports is a disputed question of fact outside Section 482 jurisdiction; public money involved, investigation required; both applications rejected at the threshold.
What did the court decide?
Since the FIR was lodged on the basis of a committee's report, any contrary report relied upon by the applicants would have to be explained and creates a conflict of facts which cannot be gone into in proceedings under Section 482 CrPC.