KAMLESH RATILAL OSTWAL AND ORSversusSTATE OF MAHARASHTRA AND ANR

              Digitally signed
              by ARUNA
ARUNA     SANDEEP
SANDEEP   TALWALKAR
TALWALKAR Date:
              2026.02.02
              18:57:16 +0530                                      3.APL86.2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL APPLICATION NO. 86 OF 2026


Kamlesh Ratilal Ostwal & Ors.                              … Applicants.
            V/s.
The State of Maharashtra & Anr.                            … Respondents.
                                                ---

Mr. Manoj Bagal (thr. V.C.), Advocate for Applicants.
Mr. Sukanta Karmakar, APP for Respondent/State.
                              -------

                                 CORAM :   ASHWIN D. BHOBE, J.
                                  DATE :   23rd JANUARY, 2026.


P.C. :



1.                   Proceeding were recorded in terms of the decision of

this Court in Hema Suresh Ahuja & Ors. v. State of Maharashtra &

Anr.,1 as the subject matter pertains to offence under SC/ST Act.



2.                   Heard, Mr. Manoj Bagal learned Advocate for the

Applicants and Mr. Sukanta Karmakar, APP.




1. 2024 SCC OnLine Bom 784.


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3.          By   this   Application    under     Article   226      of    the

Constitution of India and Section 528 of the Bharatiya Nagarik

Suraksha Sanhita, 2023(for short “BNSS”), the Applicants have

sought for the following relief :

            “A) This Hon'ble Court may be pleased to quash the
            FIR/C.R. No. 561/2025 dated 17/07/2025 registered
            with Kondhwa Police Station, Pune City for the
            offences punishable u/ss. 329(3), 303 (2), 324(4),
            189(1), 189(2), 190, 191(2), 352, 351(2) of BNS and
            subsequently added sections 3(1)(f), (g), 3(2)(va) of
            Scheduled Castes and Scheduled Tribes (Prevention of
            Atrocities) Act, 1989.”



4.          FIR No. 561/2025 dated 17/07/2025 was registered

by the Kondhwa Police Station, Pune City on the complaint of

Respondent No. 2 (Shubham Sunil Bansode). Allegations made in

the complaint are in respect of offences of trespass, etc                and

offences under the provisions of the Schedule Castes and Schedule

Tribe (Prevention of Atrocities) Act, 1989.



5.          Mr. Manoj Bagal, learned Advocate for the Applicants

submits that the allegations made in the complaint are false and

there is a serious dispute with regard to the ownership and

possession of the property. He submits that it is the Respondent


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No. 2 who has committed act of trespass. He submits that the

Applicants have instituted civil suit, subsequent to the registration

of the FIR, which suit is pending adjudication. He fairly submits

that though an application for interim releif is filed in the said suit,

however till date, neither any interim order nor any injunction is

granted.    He submits that the offence under the provisions of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act 1989 ( “SC & ST Act”) has been added subsequently pursuant

to the supplementary statement of the Respondent No.2 recorded

in the month of September, 2025. He submits that Respondent No.

2 has made allegations to falsely implicate the Applicants in

offences under the provisions of SC & ST Act. He submits the

provisions of SC & ST Act would not be applicable or attracted, as

there is no adjudication of a suit which is the requirement              for

invoking the said provision.



6.           Mr.    Sukanta Karmakar, learned APP submits that

complaint filed by the Respondent No.2 disclosed the ingredients

of     the offences of trespass as also other offences under the

Bhaatiya Nyaya Sanhita 2023. He submits that the supplementary



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statement of the Respondent No.2 discloses the offense under the

SC & ST Act.



7.           Perused the record with the assistance of learned

Advocates.



8.           In the instant case, Respondent No. 2 has alleged the

Applicants to have entered in the in the property in possession of

the Respondent No.1 with intent to commit an offence.

Respondent No.2 alleges commission of offence under the SC &

ST Act. The allegation made in the FIR dated 17/07/2025 taken at

their face value and accepted in its entirety prima facie constitutes

the offense charged against the Petitioner. Allegations made in the

complaint discloses the ingredients of the offences punishable

under Bharatiya Nyay Sanhita, 2023 and under the SC & ST Act.



9.           Contentions of Mr. Manoj Bagal that the FIR is false,

etc. are in the nature of a defence, involving disputed questions of

facts. The Hon’ble Supreme Court in the case of Muskan v. Ishaan




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Khan (Sataniya)2, in paragraph- 22 observes thus :

               22.     On the aspect of the powers of the Courts under
               Section 482 of the Cr. P.C., it is settled that at the stage of
               quashing, the Court is not required to conduct a mini
               trial. Thus, the jurisdiction under Section 482 of the Cr.
               P.C. with respect to quashing is somewhat limited as the
               Court has to only consider whether any sufficient material
               is available to proceed against the accused or not. If
               sufficient material is available, the power under Section
               482 should not be exercised.”




10.             In view of the above, no case for interference made

out. Criminal Application is dismissed. No order as to costs.



                                            (ASHWIN D. BHOBE, J.)




2.   2025 SCC OnLine SC 2355


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