1 cri.appln. 5439 of 2010 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 5439 OF 2010 Shri. Madhavrao Ramchandra Kahandal and Ors. ... Applicants Versus The State of Maharashtra and Ors. ... Respondents Mr. Prashant Bhavake for the Applicants. Mr. Rajesh More, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : JANUARY 13, 2011 P.C. This application filed under Section 482 of Cr.P.C. is for quashing of F.I.R. No. 76 of 2010 registered with Nashik Road Police Station for the offences punishable under section 379 and 447 read with 34 of I.P.C. The copy of the complaint is annexed to the application. Perusal of the F.I.R. shows that the offence of theft has been made out by the facts alleged. It is alleged that on 27th January, 2010 at about 5.00 a.m. the applicants herein committed theft in respect of the agricultural instruments, bullock cart, two bullocks, 13 goats, 2 hegoats from the 2 cri.appln. 5439 of 2010 agricultural field of the complainant. As per the complaint, the offence was witnessed by one Ramu Damu Walve and his wife Ambi Ramu Walve. The applicants seek quashing of the complaint on the ground that the applicants are in fact owners of the agricultural land as also the articles alleged to have been stolen. The applicants rely upon the agreement dated 16th December, 2000 alleged to have been executed by the father of the complainant in respect of the land. Admittedly there are civil proceedings filed to challenge the agreement relied upon by the applicants on the ground that the agreement is false and fabricated document. Since the facts urged in the complaint do make out offence of theft, any contention that the applicant may raise by way of defence, cannot be considered at this stage. Hence, application is dismissed. (Judge)