Hemantkumar Pandharinath Bhandarkar vs the State of Maharashtra Thr Pso Ps Bhandara Dist. Bhandara and Another

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1 apl82.2025+5.odt

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2026:BHC-NAG:6054-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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(1) CRIMINAL APPLICATION (APL) NO.82/2025

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(Hemantkumar Pandharinath Bhandarkar Vs. State of Maharashtra, through Police Station Officer, Police Station Bhandara, Tah. and District Bhandara and another)

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WITH

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(2) CRIMINAL APPLICATION (APL) NO.83/2025

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(Shri Neeraj S/o Naresh Agrawal Vs. State of Maharashtra, through Police Station Officer, Police Station

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Bhandara, Tah. and District Bhandara and another)

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WITH

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(3) CRIMINAL APPLICATION (APL) NO.84/2025

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(Shri Pomesh S/o Jagdishprasad Agrawal Vs. State of Maharashtra, through Police Station Officer, Police Station

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Bhandara, Tah. and District Bhandara and another)

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WITH

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(4) CRIMINAL APPLICATION (APL) NO.85/2025

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(Ashok S/o Champalal Agrawal Vs. State of Maharashtra, through Police Station Officer, Police Station Bhandara, Tah. and District Bhandara and another)

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WITH

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(5) CRIMINAL APPLICATION (APL) NO.88/2025

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(Sau. Kiran W/o Ashok Chandak Vs. State of Maharashtra, through Police Station Officer, Police Station

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Bhandara, Tah. and District Bhandara and another)

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WITH

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(6) CRIMINAL APPLICATION (APL) NO.90/2025

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(Prakash S/o Ramesh Agrawal Vs. State of Maharashtra, through Police Station Officer, Police Station Bhandara, Tah. and District Bhandara and another)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. M.R. Johrapurkar, Advocate with Mr. P.M. Jain, Advocate for the applicants. Mr. N.B. Jawade, A.P.P. for the non-applicant No.1/State. Mr. D.P. Bhongade, Advocate for the non-applicant No.2.

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CORAM: MRS. VRUSHALI V. JOSHI, J. DATED: 16.4.2026.

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Common order

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As the facts are identical, all these applications are decided by common order.

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2 apl82.2025+5.odt

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All the applicants in these applications have approached this Court by filing an application for quashing of F.I.R. bearing Crime No.416/2018, registered by Police Station Bhandara, Tah. and District Bhandara, for the offence punishable under Sections 403, 407 and 409 read with Section 34 of the Indian Penal Code, 1860 (for short “I.P.C.”)

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The applicants are the Proprietors of various Rice Mills and the non-applicant No.2 is the Informant.

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The Union of India in order to give fair price to the farmers of paddy, formulated a scheme for purchase of paddy and conversion of paddy into rice by framing a composite scheme, which includes collection of paddy from the farmers, transportation of the same to rice mill owners, conversion of said paddy into rice by rice mill owners and transportation of rice from godown of rice mills to the godown of Food Corporation of India.

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Looking at the fact that the Government of India has not given any further extension, the State Government vide its letter dated 28.1.2014 acknowledged its duty to complete milling of rice and receive rice and directed that said rice should now be received by the District Supply Officer of the respective Districts. The rice mill owners through their association made various representations in that regard.

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The Government issued Circular dated 23.1.2015 thereby stipulating the procedure for collection of rice through the respective District Supply Officers i.e. Collectors who were authorized to collect rice from millers not only from Gondia but also from Bhandara and Gadchiroli. The Collector accordingly took steps for implementation of Circular dated 23.1.2015 by calling a meeting on 27.1.2015.

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3 apl82.2025+5.odt

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The Committee was directed to give its report in terms of the note-sheet dated 23.2.2015 on or before 27.2.2015. Accordingly, rice millers received time schedule to deposit the rice, however, officers deputed by Food Corporation of India refused to give quality control report in writing and thus, representative of Collector, Gondia refused to take delivery of rice in their godowns and to take possession of rice.

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The applicants along with other rice millers made various representations requesting to accept the outstanding amount and not to initiate the criminal proceedings. The Assistant Director on 22.5.2018 issued a letter to non-applicant No.2 pointing out a sum of Rs.67,20,194/- to be deposited against the value of CMR. The applicants deposited the said sum. Irrespective of that, the above F.I.R. was lodged on 4.6.2018 against all the applicants.

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The learned Advocate for the applicants has brought to the notice of this Court that as per letter dated 5.6.2018 the non-applicant No.2 has issued letter to the concerned police stations not to register the crime against the applicants as they have already received the amount from the applicants. Though the letter was issued, the crime is registered and the matter was investigated and charge-sheet came to be filed.

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There is a checkered history of litigation in these matters. Now, the complainant has filed an affidavit on record stating that as per letter dated 5.6.2018 they have already informed the concerned police stations not to register the crime and they have no grievance against these applicants. In view of the affidavit filed by the complainant i.e. non-applicant No.2, the Regular Criminal Case

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4 apl82.2025+5.odt

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No.26/2025 pending on the file of Judicial Magistrate, First Class, Bhandara, charge-sheet and F.I.R. bearing Crime No.416/2018, registered by police station Bhandara, Tah. and District Bhandara, for the offence punishable under Sections 403, 407 and 409 read with Section 34 of the I.P.C. is quashed and set aside against all these applicants only subject to their depositing costs of Rs.5,000/- each with the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur bearing Account No.129712010001014 and IFSC Code UBIN0812978 and producing the receipt thereof on record within two weeks. The applications are allowed in the above terms and disposed of.

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(MRS. VRUSHALI V. JOSHI, J.)

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Tambaskar.

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Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 20/04/2026 16:45:59

Hemantkumar Pandharinath Bhandarkar v. the State of Maharashtra Thr Pso Ps Bhandara Dist. Bhandara and Another

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Hemantkumar Pandharinath Bhandarkar v. the State of Maharashtra Thr Pso Ps Bhandara Dist. Bhandara and Another

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