Bombay High Court
Indurao Bhaurao Sarode vs The State Of Maharashtra And Another on 6 February, 2026
2026:BHC-AUG:7924-DB
appln-2982-2025.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2982 OF 2025
Shri Indurao s/o. Bhaurao Sarode,
Age 55 years, Occu. Service,
R/o House No.4, Behind Sanjivani Hospital,
Rishi Park, Old Jalna,
Tq & Dist. 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 06, 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 1998 to 1999. 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
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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
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1998 to 1999 i.e. less than period of two years. 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
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has intentionally suppressed information of any such offence, which
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//