Bandu Baburao Mahajan And ORS v. The State Of Maharashtra And ANR

1 CriApln 4602/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4602 OF 2015 Bandu Baburao Mahajan & 2 others APPLICANTS V E R S U S The State of Maharashtra & 2 others RESPONDENTS Mr. Anandsing Bayas, Advocate for the Applicants Mr. S.D. Ghayal, A.P.P. for the Respondents - State CORAM : A.V. NIRGUDE & INDIRA K. JAIN, JJ.

DATE : 22nd February, 2016 PER COURT :

1.

This Criminal Application seeks setting aside of First Information Report of Crime No. 3004 of 2015, registered at Shirur Anantpal Police Station, District Latur. Offences alleges against the applications are punishable under Sections 39, 42, 45 and 46 of the Maharashtra Money Lending Regulation Act, 2014. 2.

The subject matter of the complaint is a transaction that took place prior to 2007. One Vitthal s/o Kishan Gadime was the complainant. It was his allegation in 2007 that father of Applicant No.1 lent money to him and got his land transferred in favour of a third party etc. According to him, this was a mortgage. Subsequently, he sought redemption of mortgage and he filed suit for cancellation of sale-deed etc. In the plaint of this suit, he made several allegations against Baburao, father of

2 CriApln 4602/2015 Applicant No.1 that he indulged in illegal money lending etc. Said suit dismissed in 2014 and thereafter present complaint is initiated. The present complaint appears to us exercise a futility. Complainant had already tried to get his land back by filing a suit. This was a legitimate action and the complainant ought to have continued with this action to put pressure on the applicants who are defending in this case. Criminal complaint is initiated with the help of certain officers of co-operative department. We hold that the complaint was futile exercise of powers given to the Assistant Registrar, Co-Operative Society. We also hold that the complaint deserves to be quashed. In view of above, Criminal Application is allowed in terms of prayer clause 'A'. ( INDIRA K. JAIN, J. ) ( A.V. NIRGUDE, J. ) srm/22/2/16