Bombay High Court

RAMESH LAXMANRAO VAIDYAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The FIR and the proceedings in R.C.C. No.116 of 2023 are quashed as against the petitioner because no case is made out under the cited IPC sections.

Summary

The petitioner, a retired Talathi, challenged the FIR (Crime No.73 of 2022) and charge sheet (R.C.C. No.116 of 2023) that alleged offences under Sections 406, 409, 202, 465, 468 and 471 of the Indian Penal Code relating to encroachment on government land. He contended that his tenure as Talathi was brief (January to July 2013) and that the FIR did not specifically allege any act or omission on his part that would attract the said offences. The State opposed the quashment, but the Court observed that the FIR and charge sheet contain no material linking the petitioner to criminal breach of trust, dishonest misappropriation, or intentional omission of information. The Court also noted that earlier applications (Nos. 412/2023, 1955/2025, 1973‑1975/2025) had already quashed proceedings against co‑accused on similar facts. Consequently, the Court allowed the application and quashed the FIR and pending proceedings against the petitioner.

Issues considered

Whether the petitioner can be held liable under IPC Sections 406, 409, 202, 465, 468 and 471 for encroachment on government land.
Whether the FIR and charge sheet disclose any act or omission by the petitioner that satisfies the elements of the aforesaid offences.
Whether the earlier quashment of proceedings against co‑accused is determinative for the petitioner’s case.

Legislation cited

Indian Penal Code, 1860 — s. 202, 406, 409, 465, 468, 471

Subjects

criminal breach of trust
encroachment
FIR quashment
public servant liability
Indian Penal Code
false prosecution

Judgment

2026:BHC-AUG:6845-DB
appln-4551-2025.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4551 OF 2025

Shri Ramesh S/o Laxmanrao Vaidya
Age : 68 years, Occu.:Retired/Pensioner
R/o. Mhada Colony, Mantha Naka, Jalna,
Tq. and District Jalna ..Applicant
VERSUS
1. The State of Maharashtra
Through the Police Inspector,
Tembhurni City Police Station, Tq. Jafrabad
District Jalna.

2. Shri Keshav Annarao Dakale,
Naib Tahsildar, Jafrabad, Tq. Jafrabad,
District Jalna,
Age 49 years, Occu : Service
R/o. Georai, Tq. Phulambri,
District Cha. Sambhajinagar. ..Respondents
…
Mr. Y.B. Bolkar, Advocate for Applicant
Mr. S.A. Gaikwad, APP for Respondent/State.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : FEBRUARY 12, 2026

FINAL ORDER :-

1. The applicant impugns First Informant Report dated

15.03.2022 in Crime No.73 of 2022 registered with Tembhurni Police

Station, Taluka Jafrabad, District Jalna for offences punishable under

Section 406, 409, 202, 465, 468, 471 of Indian Penal Code and

consequential charge sheet in R.C.C. No.116 of 2023 pending before

learned Judicial Magistrate First Class, Jafrabad.

2. The investigation was set in motion on the basis of

information given by Mr. Keshav Annarao Dakale, Naib Tahsildar,
appln-4551-2025.odt
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Jafrabad alleging that in pursuance to complaint made to Hon’ble

Lokayukt , Maharashtra State regarding encroachment on government

land at Village Tembhurni, directions were issued to cause inquiry.

Accordingly, learned Divisional Commissioner, Aurangabad had called

inquiry report and issued directions for registration of offence against

concerned revenue officers. It was revealed during inquiry that 24

revenue officers named in inquiry report have failed to discharge their

official duties and protect government land from encroachment. They

failed to take necessary steps to remove encroachment. Resultantly,

government is put to loss. It is alleged that aforesaid officers were in-

charge of respective posts from 15.03.1980 onwards, however, they

defaulted in performance of their duty to prevent encroachment or

remove same by taking timely steps. As such, they are guilty of

offences punishable under Section 406, 409, 202, 465, 468, 471 of

Indian Penal Code. The aforesaid information culminated to

registration of Crime No.73 of 2022. The investigation progressed,

eventually, charge sheet is filed and at present R.C.C No.116 of 2023

is pending for trial before Judicial Magistrate First Class at Jafrabad.

3. Mr. Bolkar, learned advocate appearing for applicant

submits that applicant was posted as Talathi at Tembhurni during

period from 15.01.2013 to 03.07.2013. He would point out that

there was pre-existing encroachment of villagers on government lands

in Gat No.1, 195, 269 and 806 to the extent of 5 H 81 R by 601
appln-4551-2025.odt
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villagers. The Village Panchayat took entries of house properties

constructed on government land in its record. In this background

applicant and other revenue officers were subjected to disciplinary

inquiry alleging inaction on their part. The inquiry was completed and

applicant was discharged. However, later on, aforesaid crime has

been registered. He would further submit that contents of first

information report or charge sheet, even taken on its face value to be

true and correct, does not constitute any offence as against applicant.

Mr. Bolkar would further invites attention of this Court to order dated

26.02.2025 passed in Criminal Application No.412 of 2023 and order

dated 26.06.2025 in Criminal Application No.1955 of 2025 along

with connected matters, wherein this Court pleased to quash

proceedings in R.C.C. No.116 of 2023 against co-accused persons in

Crime No.73 of 2022, who were Charge sheeted and relegated for

trial in R.C.C. No.116 of 2023. Mr. Bolkar urges that allegations

against applicant and co-accused persons against whom proceedings

are quashed and set aside by this Court are similar in nature.

Therefore, present application deserves to be allowed.

4. Per contra, Mr. Gaikwad, learned APP appearing for

respondent/State opposes prayer for quashment of F.I.R.

5. Having considered submissions advanced by learned

advocates appearing for respective parties, it can be observed that

applicant discharged his duties as Talathi at Village Tembhurni from
appln-4551-2025.odt
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15.01.2013 to 03.07.2013 i.e. period of less than two years. The

encroachment on government land was continued from 1980

onwards till 2022. Many villagers erected construction of

houses/sheds. In first information report or in charge sheet, nowhere

stipulates as to how applicant was responsible for such encroachments

and where is failure on his part to discharge his official duties. Even

it is accepted that some encroachments took place during officiating

period of applicant as Talathi, question is whether he can be

prosecuted for offence punishable under Section 406, 409, 202, 465,

468, 471 of Indian Penal Code.

6. Section 406 deals with criminal breach of trust. There is

nothing on record to show that during service period of applicant at

Tembhurni, particular encroachment took place or applicant was

entrusted with government property and he dishonestly

misappropriated or converted that property to his own use. In this

background, neither Section 406 of Indian Penal Code nor Section

409 of Indian Penal Code would attract. So far as Section 202 of

Indian Penal Code is concerned, allegations in F.I.R. does not specify

actual overt acts on part of applicant that would establish intentional

omission to give any information of that offence by a person bound to

inform. Apparently, persons who encroached on property are not

made accused. It is not discernible from contents of first information

report that act of encroachment is treated as an offence or applicant
appln-4551-2025.odt
(5)

has intentionally suppressed information of any such offence, which

was within his knowledge. Therefore, none of offences as charged

would attract against applicant. Pertinently, in Criminal Application

No.412 of 2023, 1955 of 2025, 1973 of 2025, 1974 of 2025 and 1975

of 2025, this Court after appreciating contents of F.I.R. and charge

sheet in same crime opined that no case can be made out against

applicant/accused therein. The reasons employed by this Court while

quashing proceedings are also applicable in case of applicant with

equal force. In that view of matter, following order is passed :

ORDER

(I) Criminal Application stands allowed.

(II) The F.I.R. bearing Crime No.73 of 2022 registered with

Tembhurni Police Station, Taluka Jafrabad, District Jalna as well as

the proceedings in R.C.C. No.116 of 2023 pending before the learned

Judicial Magistrate First Class, Jafrabad for the offences punishable

under Sections 406, 409, 202, 465, 468 and 471 of Indian Penal

Code, stand quashed and set aside as against present applicant.

(S.G. CHAPALGAONKAR, J.)

Mujaheed//

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