Ayub Haji Muneer Pinjari v. The State Of Maharashtra And Another
2025:BHC-AUG:11981-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 1739 OF 2023 Ayub Haji Muneer Pinjari Age 53 years, Occ. Business, R/o Gausiya Nagar, Dondaicha, Ta. Shindkheda, District Dhule.
... Applicant
Versus
1.
The State of Maharashtra Through Police Inspector, Dondaicha Police Station, Ta. Shindkheda, District Dhule.
2.
Prashant Walmik Patil Age 29 years, Occ. Service, as Headmaster, R/o SVS ITC, Dondaicha, Ta. Shindkheda, District Dhule.
... Respondents ...
Mr. N. L. Chaudhari, Advocate for Applicants. Mr. V. K. Kotecha, APP for Respondent / State. ...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
07th April, 2025.
O R D E R: (Per Sanjay A. Deshmukh, J.) Heard the learned advocates for the respective parties.
This is an application under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") for quashing of the FIR (for short the "report") bearing Crime No.45 of 2022, dated 2nd February, 2022, registered with Dondaicha Police Station, Taluka Sindkheda, District Dhule, for the offences punishable under Sections 379 and 380 of the Indian Penal Code, and the proceedings in RCC No.89 of 2023, pending in the Court of learned Civil Judge Junior Division and Judicial Magistrate First Class, Dondaicha, for the offences punishable under Sections 379, 380, 395, 120-B, 412, 413, 201 and 401 of the Indian Penal Code, 1860.
The informant averred in the report that he is the Headmaster of Technical Training Institute viz SVS ITC, Dondaicha, Taluka Shindkheda, District Dhule. He is serving there since 2018. Pramod Pandit Salve, Pandit Uttam Salve and Jyatisingh Phulsing Malche are serving in the said institution as watchmen. There are six workshops permanently constructed. It's top has been covered in the iron and tin sheets. These workshops contained various industrial tools and equipment like electric motors, drill machines, lathe machines, etc. It is further averred that due to the Covid-19 pandemic, the working hours of the said institution was 10:00 am to 4:00 pm. The peon, Avinash Atmaram Patil used to open and close the workshops and office rooms. The office superintendent Chandrasing Rajput was
keeping keys of those locks with him.
The informant further averred in the report that on 2nd February, 2022, he and other staff members reached in the said institution around 10:00 am. Peon Avinash Patil took the keys from the superintendent of institution. Workshop No.2 was closed for fifteen days. Upon opening the workshop, they noticed that a drill machine was lying near the window, which seemed suspiciously moved. On further inspection, they realized that a total of 12 electric motors were missing from their foundation spots. Peon Avinash immediately communicated that fact to the Superintendent Rajput through a phone call. He made phone call to the informant. The informant and other staff members rushed to the workshop and confirmed that the motors were indeed missing. The informant then instructed the peon to check the other workshops. Workshop No.
3, which was closed for fifteen days, was also opened. Upon opening it, they found that drill machine was not there. The informant further stated that the all staff members were called to the spot and upon questioning them and verification, they realized that some unknown person had gained access to the workshops by entering through an open space near the bottom of the metal sheet. The said person with dishonest intention, stolen away materials particularly machinery etc.
follows:
From Electrician Workshop No.2:
1. Motor Generator (A.C. to D.C.) - Rs.5,500
2. D.C. Compound Generator with Control Panel - Rs.13,000
3. D.C. Series Motor - Rs.5,000
4. D.C. Shunt Motor - Rs.5,000
5. D.C. Compound Motor - Rs.5,000
6. A.C. Squirrel Cage Motor - Rs.4,000
7. A.C. Series Type Motor - Rs.4,000
8. Single Phase Capacitor Motor - Rs.3,000
9. Universal Motor - Rs.3,000 10.Thyristor Motor - Rs.10,000 11.Synchronous Motor (3 Phase) - Rs.13,000 12.Thyristor A.C. Motor - Rs.13,000 From Electrician Workshop No.3:
13. A.C. Series Type Motor - Rs.8,000
14. Single Phase Capacitor Motor - Rs.4,000
15. 3-Phase Motor - Rs.14,000
16. A.C. Squirrel Cage Motor - Rs.11,000
17. A.C. Slip Ring Motor - Rs.15,000
18. Universal Motor - Rs.9,000
19. Synchronous Motor (3 Phase) - Rs.15,000
20. Thyristor A.C. Drive - Rs.10,000
21. Thyristor D.C. Drive - Rs.10,000
22. D.C. Induction Motor - Rs.10,500
23. D.C. Shunt Motor - Rs.11,000
24. D.C. Compound Motor - Rs.13,000
25. Squirrel Cage Motor - Rs.10,000 From Fitter Workshop No.3:
26. Pillar Type Drill Machine - Rs.12,500
The total 26 items were stolen away and the total estimated value of all the stolen materials was Rs.2,43,500/-. Therefore, the report was lodged against unknown person.
The learned counsel for the applicant submits that the applicant is falsely implicated in the crime. He is not involved in the crime in any way. He pointed out that even the applicant has lodged the report dated 13th March, 2021 alleging that theft was committed in his house on 10th March, 2021. His employer Ismail Syed, resident of Nandurbar, was suffering from serious illness. He, therefore, went there after closing his house by properly locking it. Ismail Syed died on that night. He stayed there for entire night. On 12th March, 2021, he alone returned from Nandurbar to Dondaicha. Upon inspecting the cupboard, he saw that the central locker inside it was also open. When he checked the rexine cloth wallet of the gold items inside it was missing. He realized that somebody has committed theft in his house.
The applicant therefore, lodged the report against unknown person that the theft of gold and silver ornaments and other articles worth Rs.1,65,000/- was committed. The learned counsel for the applicant submitted that such is the position of the applicant. He has no criminal antecedents. He is falsely implicated in the crime. There is no evidence against the applicant.
helpful to the prosecution to establish the alleged offence of commission of theft against this applicant. The memorandum and seizure Panchanama show that all the articles were seized from coaccused namely Shahruk Remhan Shah, Vishal Amrut Kadam and Noorya @ Noor Nisar Pinjari, who were identified by some witnesses. Only the car of the applicant is seized. Except that, there is no evidence against the applicant. The applicant has no criminal antecedents. The stolen articles particularly two electric motors total worth Rs.25,000/- are seized at the instance of accused Noorya @ Noor Nisar Pinjari under Section 27 of the Indian Evidence Act. He lastly prayed to allow the application as there is no evidence against the applicant.
The learned APP for the State strongly opposed the application and submitted that the applicant is involved in the serious crime. His vehicle was used for carrying the stolen articles. There is strong evidence against the applicant. The applicant is running scrap purchase business. He lastly prayed to reject the application. Here, it is relevant to refer to the decision of the Honourable Supreme Court in Mohammad Wajid and Another Vs. State of U.P. and Another, reported in, 2023 SCC Online SC 951; 2023 INSC 683, whereunder the Honourable Supreme Court held
thus:- "34.
....... it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation...."
A reference also can be made to the judgment in the case of CBI Vs. Aryan Singh, reported in, 2023 SCC Online SC 379, in which the Honourable Supreme Court held as under:- "Para 10... As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr. P.C., the Court is not required to conduct the mini trial." We have perused the report and the charge-sheet, particularly, the statements of witnesses and discovery and recovery
Panchanamas under Section 27 of the Indian Evidence Act, 1872. The stolen articles are seized at the instance of Noorya @ Noor Nisar Pinjari. Only because the applicant is running a shop of scrap and it is alleged that he purchased those articles, there is no such evidence against the applicant that he has purchased those stolen articles having knowledge that those were stolen articles. To establish the essential ingredients of Sections 379, 380, 395, 120-B, 412, 413, 201 and 409 of the Indian Penal Code, 1860, there is no reliable evidence. In such fact situation, we are of the view that if the applicant is directed to face the trial, it would certainly be an abuse of the process of Court. We are therefore, inclined to allow the application by exercising our inherent powers under Section 482 of the Cr.P.C. in the interest of justice to prevent the abuse of the process of Court. The application, therefore, deserves to be allowed. Hence, the following order:-
O R D E R
I.
The application is allowed.
II.
The Crime No.45 of 2022, dated 3rd February, 2022, registered with Dondaicha Police Station, Taluka Sindkheda, District Dhule, for the offences punishable under Sections 379 and 380 of the Indian Penal Code, 1860 and the proceedings in RCC No.89 of 2023, pending in the Court of learned Judicial Magistrate First Class, Dondaicha, for the offences
punishable under Sections 379, 380, 395, 120-B, 412, 413, 201 and 401 of the Indian Penal Code, 1860, stands quashed as against the applicant.
[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga