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Bombay High Court

MURTUZA Z ENGINEERversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the evidence establishes prima facie criminal force, so the charge under Section 353 read with Section 34 IPC is valid.

Summary

Murtuza Z Engineer challenged the framing of charges under Section 353 read with Section 34 of the IPC for allegedly using criminal force against MHADA officers during an eviction on 19 September 2019. The applicant argued that the incident was merely a scuffle, that no criminal force was used, and that the charge sheet lacked the notice required under Section 95(A) of the MHADA Act, rendering the charge untenable. The court examined the statements of the first informant and multiple witnesses, finding that the applicant actively resisted the eviction and used force without consent, satisfying the definition of criminal force under Section 350 IPC. It held that the absence of the notice in the charge sheet does not defeat the prosecution’s case at this stage. Consequently, the revision application seeking quashing of the charge was rejected, and the charge stands.

Issues considered

  • Whether the conduct of the applicant amounts to "criminal force" under Section 350 of the IPC.
  • Whether the non‑annexation of the notice under Section 95(A) of the MHADA Act warrants quashing of the charge under Section 353 IPC.
  • Whether there is sufficient material on record to justify framing of charge under Section 353 read with Section 34 IPC.

Legislation cited

  • Indian Penal Code — s. 34, 350, 353
  • Maharashtra Housing and Area Development Authority Act — s. 95(A)

Subjects

  • criminal force
  • IPC 353
  • eviction
  • MHADA
  • charge framing
  • revision application

Judgment

                                                                                    6-REVN-151-2025 (CR).doc

                      S.S.Kilaje



                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION
                                         CRIMINAL REVISION APPLICATION NO. 151 OF 2025

                               Murtuza Z Engineer                                         ...Applicant/s
                                      VERSUS
                               State Of Maharashtra                                       ...Respondent/s
                               _________________________________________________________________
                               Mr. Raj K. Awasthi a/w. Ms. Bushra Sayed and Mr. Yash Mishra i/b.
                               Pragya Mishra, Advocate for Applicant.
         Digitally

SONALI
         signed by
         SONALI
         SATISH
                               Ms. Ranjana D. Humane, APP for Respondent-State.
SATISH   KILAJE
         Date:
KILAJE   2026.10.01
                               Retired PI- Gadhve, J.J.Marg Police Station present.
         18:23:38
         +0530

                               _________________________________________________________________

                                                                   CORAM       : SHIVKUMAR DIGE, J.
                                                                   DATE        : 24th SEPTEMBER, 2026.
                               P.C. :


                               1.         The challenge in this Revision Application is to the order passed

                               by Learned Additional Sessions Judge, Mumbai, whereby charge has been

                               framed against the applicant under Section 353 read with Section 34 of

                               Indian Penal Code, 1860 (for short, “IPC”).

                               2.         It is prosecution case that on 19.09.2019, when first informant

                               and the officers of Maharashtra Housing and Area Development Authority

                               (for short, “MHADA”) went to the shop of applicant and co-accused to

                               vacate the shop in pursuance of a notice under Section 95[A] of the

                               MHADA Act, the applicant and co-accused resisted the said action and

                               used criminal force against the officers of MHADA.

                               3.         It is contention of learned counsel for the applicant that


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         applicant has been falsely implicated in this case. From the statement of

         witnesses, it is not revealed that the applicant used criminal force or

         assaulted the first informant or officers of MHADA.       Learned counsel

         further submitted that, as per the statement of witnesses, it is mentioned

         that applicant and co-accused engaged in a scuffle. However, it does not

         mean that the applicant used criminal force against the raiding party or the

         members of the MHADA team. Learned counsel further submitted that no

         notice under Section 95(A) of the MHADA Act was annexed with the

         chargesheet to establish that the officers were discharging official duty.

         However, these facts are not considered by the learned Judge and has

         framed the charge, which are erroneous and requested to allow the

         application. He relied on K. Dhananjay vs. Cabinet Secretary & Ors. [SLP

         (CRL) No. 5905 of 2022] and Union of India vs. Prafulla Kumar Samal and

         Anr. [(1979) 3 SCC 4].

         4.         It is contention of learned APP that the applicant has not

         disputed the incident happened in his shop. The applicant is stating that a

         scuffle with the members of the MHADA party would not amount to

         criminal force or assault. However, the statement of the witnesses and FIR

         specifically state that the applicant and co-accused protested against the

         action of MHADA officers and their team and they used criminal force

         against the MHADA officers.    Not-annexation of the notice under Section


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         95(A) of MHADA Act cannot dilute the prosecution’s case. The same can

         be produced and proved in evidence. There is prima facie case against the

         applicant and requested to reject the application.

         5.         Heard rival submissions. Perused documents produced on

         record. The allegations against the applicants are that he and co-accused

         opposed the action of MHADA to vacate their shops and used criminal

         force against the MHADA officers. Section 353 of IPC reads as under:

                   “353. Assault or criminal force to deter public servant from discharge of his
                   duty.—Whoever assaults or uses criminal force to any person being a public
                   servant in the execution of his duty as such public servant, or with intent to
                   prevent or deter that person from discharging his duty as such public
                   servant, or in consequence of anything done or attempted to be done by
                   such person in the lawful discharge of his duty as such public servant, shall
                   be punished with imprisonment of either description for a term which may
                   extend to two years, or with fine, or with both.”

                    Admittedly, first informant, and MHADA officials and team

         workers were discharging their official duties at the time of incident. It is

         contention of learned counsel for the applicant that there was a scuffle

         between the applicant and MHADA officials and the same cannot be

         considered as criminal force. The criminal force is defined as under:

                        “350. Criminal force.—
                        Whoever intentionally uses force to any person, without that
                        person’s consent, in order to the committing of any offence, or
                        intending by the use of such force to cause, or knowing it to be
                        likely that by the use of such force he will cause injury, fear or
                        annoyance to the person to whom the force is used, is said to
                        use criminal force to that other.”


                    In the present case, from the statement of Chudaman Bagul,



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         first informant and an officer of MHADA, it appears that the applicant and

         co-accused resisted the eviction process and used criminal force against the

         officials of the MHADA and workers, when they had gone to the shop to

         vacate the same as per the notice under Section 95(A) of MHADA Act. The

         statement of witnesses Rajendra Jain, Hashmat Khan, Hafiz Khan, Qayyum

         Abdul Qadir Khan and Bhimrao Kale, support the statement of first

         informant.     Thus, there is evidence on record showing the presence and

         participation of the applicant in the incident and his active resistance to

         the eviction process. The allegations that the applicant, along with the co-

         accused, pushed and resisted the MHADA officials and workers who had

         entered the shop while carrying out the eviction process, prima facie

         constitute the use of force without their consent and with the requisite

         intention or knowledge as contemplated under Section 350 of the IPC. The

         acts attributed to the applicant, therefore, prima facie amount to criminal

         force. The applicant is seeking quashing of framing of charge. It is settled

         law that where there is no material against an accused, he would be

         entitled to discharge and a charge cannot be framed against him. However,

         in the present case, there is sufficient evidence on record showing

         involvement and participation of the applicant in the alleged incident.

         6.           As regards the contention that notice under Section 95(A) of

         the MHADA has not been annexed to the chargesheet, the same cannot be


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         a ground to quash the charge at this stage.

         7.          I have gone through the case law cited by the learned counsel

         for the applicant, the facts of cited case and present case are different,

         hence not applicable and I pass following order.

                                            ORDER

                    (i)    The Revision Application is rejected.

                    (ii)   All pending applications, if any, also stand disposed of.




                                                        (SHIVKUMAR DIGE, J.)




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