IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1409 OF 2007 W I T H CRIMINAL APPLICATION NO. 284 OF 2007 IN WRIT PETITION NO. 1409 OF 2007 VijayKumar Keshav Salunkhe ..... Petitioner. V/s. The State of Maharashtra & anr. ...... Respondents. ======= Mr.Indrajeet Joshi, adv.for petitioner. Mr.Harshad Bhadbhade, adv.for respondent no.1A. Mrs.A.A.Mane, APP for Respondent-State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 12TH FEBRUARY, 2009. P.C. : 1. Heard counsel for both sides. 2. This petition is for quashing of complaint in C.C.No.27 of 2007 arising out C.R.No.16 of 2007 filed by the Sarpanch of Gram Panchayat, Village-Veral against the petitioner who is a Doctor by profession. The complaint came to be filed on 3rd Febraury, 2007, copy of which is annexed at page 10 of the petition. It is alleged in the complaint that petitioner had taken unauthorised water connection to his residence and dispensary and has drawn water illegally since the year 2005. 3. Mr.Joshi, learned counsel for the petitioner submits that the complaint is a false complaint. He relies upon receipt dated 14th March, 2006 issued for the sum of Rs.360/-. The defence of Mr.Joshi is that this was the receipt issued by the Gram Panchayat, Veral for payment of water taxes. The receipt does not specify that the payment of Rs.360/- was towards any water charges. At the present stage of the proceedings, the court is not required to take into consideration the defence to the complaint. Perusal of the complaint at page-10 shows that on a prima-facie view, the offence alleged is made out therein. In that circumstance, the FIR cannot be quashed. Hence, the petition is dismissed. 4. Mr.Joshi, learned counsel for the petitioner then makes an oral application for refund of Rs.2700/- paid by the petitioner to the Veral Gram Panchayat towards water charges for a period of three years. The application is rejected as the petitioner has undisputedly used the water connection. 5. With the dismissal of the petition, Criminal application No. 284 of 2007 does not survive. The same is accordingly disposed off. [JUDGE]