Bombay High Court
AHMED AKBAR MOMIN AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Dismissed
- Bench
- SANDESH D PATIL
Holding
The FIR cannot be quashed at this stage; the petition is dismissed.
Summary
Petitioners Ahmed Akbar Momin and another challenged the registration of an FIR under Sections 52 and 53 of the Maharashtra Regional Town Planning Act, 1966, alleging that the construction on the disputed property was illegal but that no cognizable offence existed and a preliminary inquiry was required. They relied on a municipal resolution reserving the land for public use, which had been quashed by the Collector, to argue that the complaint should not have been filed. The State contended that such questions are for trial and not for pre‑trial interference. The Court held that the FIR is a matter for trial, that it is premature to deem it mala fide, and that the petition to quash the FIR must be dismissed. Consequently, the petition was dismissed and the matter was left open for trial.
Issues considered
- Whether an FIR lodged under Sections 52 and 53 of the MRTP Act for alleged illegal construction can be quashed at the pre‑trial stage.
- Whether a preliminary inquiry is mandatory before registering such a complaint.
- Whether the alleged construction constitutes a cognizable offence under the MRTP Act.
Legislation cited
- Maharashtra Regional Town Planning Act, 1966 — s. 52, 53
Subjects
- illegal construction
- MRTP Act
- FIR quash
- preliminary inquiry
- cognizable offence
- criminal writ petition
Judgment
54-WP-1900-2024 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1900 OF 2024
Ahmed Akbar Momin & Anr. …...Petitioners
Vs.
The State of Maharashtra & Anr. …...Respondents
...
Mr. Nagesh Y Chavan a/w Ms. Ankita Chindage for Petitioners.
Mr. Avinash A. Naik, APP for Respondent-State.
...
CORAM: SANDESH D. PATIL, J.
DATED: 22nd JUNE 2026.
P. C. :
1. Heard the learned counsel for the parties.
2. The proceedings have been initiated by the officer of the Town
Planning Department, Tasgaon Municipal Council, under Sections 52
and 53 of the Maharashtra Regional Town Planning Act, 1966 (for short
“MRTP Act”).
3. The contention is that the construction carried out on the
property in question is illegal, having been undertaken without
obtaining permission under the provisions of the MRTP Act.
Shubham 1
54-WP-1900-2024 (CR).doc
4. Mr. Chavan, learned counsel for the Petitioner, vehemently argued
that a preliminary inquiry ought to have been conducted and that such
a complaint ought not to have been registered. He submits that, prima
facie, commission of a cognizable offence is not made out. He further
submits that Resolution No. 174 dated 27th June 2003 passed by the
Tasgaon Municipal Council provides that an area admeasuring 0 H. 22
R. from Revised Survey No. 225/2/B and an area admeasuring 1 H. 69
R. from Revised Survey No. 226/2 has been reserved for Fire Brigade
and extension of playground, and that the said resolution has been
quashed by the Collector, Sangli. In these circumstances, it is submitted
that no offence is made out.
5. Mr. Naik, learned APP, on the other hand, submits that all these
aspects can be considered at the stage of trial and not at this nascent
stage.
6. I have heard the learned counsel appearing for the parties.
7. The allegation is that illegal construction has been carried out.
The provisions of Sections 52 and 53 of the MRTP Act empower the
concerned officers to lodge FIRs and initiate criminal complaints. At this
stage, it is too premature to hold that the FIR has been lodged mala
Shubham 2
54-WP-1900-2024 (CR).doc
fide. It cannot be said that no offence is made out; all these issues are
questions of trial which can be adjudicated only after a full-fledged
trial.
8. Hence, at this stage, the FIR in question cannot be quashed. For
these reasons, no case is made out for quashing of the FIR. Hence, the
following order:
::ORDER::
a) The Petition is dismissed.
b) All contentions of the parties are kept open at the trial.
(SANDESH D. PATIL, J.)
Digitally signed
by TALLE
TALLE SHUBHAM
ASHOKRAO
SHUBHAM Date:
ASHOKRAO 2026.06.24
10:24:11
+0530
Shubham 3
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