Bombay High Court

BABUSING DIPLA RATHODversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The FIR and the proceedings in RCC No.116 of 2023 are quashed as no case can be made out against the applicant under the cited provisions of the IPC.

Summary

The applicant, a retired Talathi, challenged the FIR and charge sheet filed under Sections 406, 409, 202, 465, 468 and 471 of the Indian Penal Code relating to alleged encroachment on government land. The prosecution’s case was based on a complaint by a revenue officer that a number of officers, including the applicant, failed to prevent or remove encroachments. The court examined whether the applicant’s conduct fell within any of the cited offences and found no material linking him to criminal breach of trust, dishonest misappropriation, or intentional omission of information. The court also noted that earlier similar applications (Criminal Applications Nos. 412/2023, 1955/2025, 1973‑1975/2025) had been quashed on the same factual basis. Consequently, the FIR and the pending criminal proceedings were quashed as against the applicant.

Issues considered

Whether the applicant can be held liable under Section 406 of the IPC for criminal breach of trust.
Whether the applicant can be held liable under Section 409 of the IPC for dishonest misappropriation.
Whether the applicant can be held liable under Section 202 of the IPC for intentional omission to give information.
Whether the FIR and charge sheet sufficiently allege any act or omission on the part of the applicant.
Whether the earlier quashings of similar applications are applicable to the present case.

Legislation cited

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

Subjects

criminal breach of trust
encroachment on government land
quashment of FIR
public servant liability
Indian Penal Code

Judgment

2026:BHC-AUG:6844-DB
appln-4612-2025.odt
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4612 OF 2025

Shri Babusing S/o Dipla Rathod,
Age : 68 years, Occu : Retired/Pensioner,
R/o: Yogesh Nagar, Ambad Road, 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,
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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 1999 to 2007. 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 villagers. The
appln-4612-2025.odt
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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-4612-2025.odt
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1999 to 2007. 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

has intentionally suppressed information of any such offence, which
appln-4612-2025.odt
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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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