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Bombay High Court

HITEN MAHASUKHLAL SHETHversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court quashed the FIR and set aside all consequent proceedings, holding that the FIR was not maintainable as it violated the procedural safeguards of Section 155 CrPC.

Summary

The applicants, developers and bonafide purchasers, challenged the registration of FIR No. 62 of 2025 under Section 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, alleging that the alleged offence was non‑cognizable and that the FIR was filed without complying with the procedural requirements of Section 155 of the Criminal Procedure Code. The High Court examined precedents (Mukesh Laxman Das Talreja, Frank Augustin Lopes, Rahul) and held that an FIR under the Trees Act cannot be lodged unless the due‑process safeguards of Section 155 are observed. It further noted that the charge‑sheet had already been filed and that the petitioner had no involvement in the alleged violation. Consequently, the Court found the FIR to be an abuse of process and ordered it quashed along with all consequent proceedings. The writ petition was allowed and disposed of in favour of the applicants.

Issues considered

  • Whether the FIR filed under Section 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 is maintainable when the alleged offence is non‑cognizable.
  • Whether the registration of the FIR complied with the procedural requirements of Section 155 of the Criminal Procedure Code.
  • Whether the petitioners, as developers, can be held liable for the alleged violation of the Trees Act.

Legislation cited

Subjects

  • non-cognizable offence
  • FIR quash
  • Section 21 Trees Act
  • Section 155 CrPC
  • procedural due process
  • High Court of Bombay
  • criminal appellate jurisdiction

Judgment

                                                                                          29-apl-1371-26.doc

    Urmila Ingale

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally signed
URMILA   by URMILA                                CRIMINAL APPELLATE JURISDICTION
         PRAMOD
PRAMOD   INGALE
         Date:
INGALE   2026.08.24
         17:31:57 +0530
                                        CRIMINAL APPLICATION NO. 1371 OF 2026

                            Hiten Mahasukhlal Sheth and anr.                        .. Applicants
                                       Versus
                            The State of Maharashtra and anr.                       .. Respondents

                                                   ....................
                             Mr. Ayush Pasbola a/w Mr. Sankalp Vichare, Advocates for
                              Applicants.
                             Mr. Sukant Karmakar, APP for Respondent-State.
                             Mr. Yogesh Mhatre, for Respondent No.2 (On VC).
                             Mr.Raju Ananda Bhamare, PSI, Uttan Sagari Police Station, present.
                                                           ...................

                                                         CORAM : MILIND N. JADHAV, J.
                                                         DATE           : AUGUST 21, 2026
                            P.C.:

                            1.       Heard Mr. Pasbola, learned Advocate for Applicants and

                            Ms.Karmakar, learned APP for Respondent-State.


                            2.        On 14th August 2026, the following order was passed :

                                       “1. Heard Mr. Pasbola, learned Advocate for Applicant and Mr.
                                       Karmakar, learned APP for State.

                                       2. Learned APP is directed to consider the decisions in the case
                                       of Mukesh Laxman Das Talreja v. The Inspector of Police
                                       Kasturba Marg Police Station 2006 SCC OnLine Bom 459; Frank
                                       Augustin Lopes v. State of Maharashtra 2018 SCC OnLine Bom
                                       6851 and Rahul v. State of Maharashtra Judgment dated
                                       15.12.2025 Cri. Application No. 1689 of 2024 (Nagpur Bench)
                                       and accordingly apprise the Court as to whether in view of the
                                       charge levied against the Petitioners, the said FIR is
                                       maintainable or otherwise. Prima facie on reading of the said
                                       decisions, it is seen that insofar as the provisions of Section 21
                                       of the Maharashtra (Urban Areas) Protection and Preservation
                                       of Trees Act, 1975 having been invoked against the Petitioners,
                                       the said FIR is not maintainable. Said FIR can only be filed after


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                                                           29-apl-1371-26.doc


           following the due procedure of law as contemplated under the
           provisions of Section 155 of Cr.PC.

           3. Today none appears for Respondent No. 2. It is clarified that
           if Respondent No. 2 does not remain present on the next
           adjourned date, present Application will be heard and
           proceeded in accordance with law.

           4. Stand over to 21st August, 2026.”


3.        The hearing is proceeded further. Prima facie it is seen that

the present crime is a non-cognizable offence in nature and registration

of the FIR without following the due process of law as contemplated

under the provisions of Section 155 of the CrPC and without giving

notice to the Petitioner in accordance with law, is a gross abuse of the

due process of law. The decisions of this Court which are laid down

the law which is settled and no longer res integra have been stated in

the previous order. They squarely applied to the facts and

circumstances of the present case. Despite notwithstanding the fact

that the charge-sheet has been filed, the present proceedings are

required to be set aside.    Respondent No.2 is appearing online as

informed but the Court cannot see him.            The Petitioner being a

bonafide purchaser, prima facie and otherwise has no involvement in

the present offence. He is a Developer. Conveyance deed is registered

after making all due compliance without any directions in law

including that of giving the public notice about the said transaction.

The Respondent No.2 has already initiated civil proceedings against

the Petitioner-Developer which is pending in the civil court.         Even


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                otherwise, the filing of the present FIR is contrary to the provisions of

                law. Since Section 21 of the Maharashtra (Urban Area) Protection and

                Preservation of Trees Act, 1975 having been invoked and non-

                compliance of the provisions of Section 155 of CrPC, I am inclined to

                allow the present Petition. It is seen that charge-sheet has been filed

                on 03.07.2025 and the plea has already been recorded on 25.11.2025.

                The present Petition is therefore allowed in terms of prayer clause (b)

                which reads thus:

                          “b) This Hon'ble Court be pleased to quash and set aside F.I.R.
                          bearing C.R. No. 62 of 2025, registered with Uttan Sagari, and
                          all consequent proceedings arising out of it viz. S.C.C No. 7369
                          of 2025, pending on the file of 4 th Joint Civil Judge, Junior
                          Division, Mira Bhayandar against the Applicants.”


                4.             The Writ Petition is allowed and disposed of in the

                above terms.




Urmila Ingale                                            [ MILIND N. JADHAV, J. ]




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