Created by Fuzzy Cloud

Bombay High Court

AHMED AKBAR MOMIN AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Dismissed

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.