Bombay High Court

ANANDA BANDU MOKASEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The FIR and the proceedings under Sections 406, 409, 202, 465, 468 and 471 IPC are quashed as no case can be made out against the applicant.

Summary

The applicant, a retired Talathi who served at Tembhurni from 1980 to 1988, challenged the FIR (Crime No.73 of 2022) and related charge sheet alleging offences under Sections 406, 409, 202, 465, 468 and 471 of the Indian Penal Code for encroachment on government land. The FIR was based on a complaint by a revenue officer and subsequent inquiry that implicated 24 revenue officers, but it did not specifically allege any act or omission by the applicant. The applicant argued that the encroachments pre‑existed his tenure, that no breach of trust or intentional omission on his part was shown, and that earlier applications (Criminal Applications Nos. 412/2023, 1955/2025, etc.) had already resulted in quashing of proceedings against co‑accused. The State opposed the quashment. The Court examined the statutory elements of the cited IPC sections and found no material linking the applicant to the alleged offences, noting the lack of any overt act or dishonest conversion. Consequently, the Court allowed the criminal application and quashed the FIR and the pending trial proceedings against the applicant.

Issues considered

Whether the applicant can be held liable under Section 406 IPC for criminal breach of trust in relation to land encroachment.
Whether the applicant can be prosecuted under Section 409 IPC for dishonest misappropriation of property.
Whether the applicant’s alleged omission falls within Section 202 IPC as a person bound to inform.
Whether the FIR and charge sheet sufficiently disclose the applicant’s culpability for offences under Sections 465, 468 and 471 IPC.
Whether the earlier quashments of proceedings against co‑accused are applicable to the applicant’s case.

Legislation cited

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

Subjects

criminal breach of trust
encroachment
quash FIR
public servant liability
Indian Penal Code
Section 406 IPC
Section 409 IPC
Section 202 IPC
Section 465 IPC
Section 468 IPC
Section 471 IPC

Judgment

2026:BHC-AUG:6851-DB
appln-4615-2025.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4615 OF 2025

Shri Ananda S/o Bandu Mokase,
Age : 73 years, Occu : Retired/Pensioner,
R/o: N-11, 17/2, Deepnagar, HUDCO, Cha.Sambhajinagar,
Tq. and District Cha. Sambhajinagar ..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 03.03.1980 to 28.02.1988. 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
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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
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03.03.1980 to 28.02.1988. 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
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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//5

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