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apl369.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application (APL) No.369 of 2015
1. Narayanrao s/o Ganpatrao Khedkar,
Aged about 80 years,
Occupation - Agriculturist,
R/o Near Gurumandir Karanja (Lad),
Tq. Karanja (Kad),
Distt. Washim.
2. Vasantrao s/o Mahadeorao Sastakar,
Aged about 82 years,
Occupation - Agriculturist,
R/o Near Gurumandir, Karanja (Lad),
Ta. Karanja (Lad), Distt. Washim.
3. Umakant Puroshottam Pande,
Aged about 70 years,
Occupation - Retired,
R/o Near Gurumandir Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim.
4. Digambar s/o Rajaram Barde,
Aged about 80 years,
Occupation - Agriculturist,
R/o Near Gurumandir, Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim.
5. Vinayak s/o Digambar Sontakke,
Aged about 68 years,
Occupation - Agriculturist,
R/o Near Gurumandir, Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim.
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6. Shripad s/o Yashwant Palsokar,
Aged about 70 years,
Occupation - Agriculturist,
R/o Near Gurumandir, Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim.
7. Prakash Vasantrao Ghude,
Aged about 65 years,
Occupation - Agriculturist,
R/o Near Gurumandir, Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim. ... Petitioners
Versus
1. The State of Maharashtra,
through the Police Station Officer,
Karanja (Lad), Tq. Karanja,
Distt. Washim.
2. Shekhar s/o Purushottam Kannao,
Aged about 60 years,
Occupation - Retired,
R/o Kannao Bhavan, Karanja,
Tq. Karanja, Distt. Washim.
3. Anant Gajanan Athalye,
Aged about 60 years,
Occupation - Retired,
R/o Kannao Mansion,
Karanja Lad, Distt. Washim.
4. Pramod s/o Narayanrao Dahihandekar,
Aged about 57 years,
Occupation - Agriculturist,
R/o Nanasaheb Dahihandekar Marg,
Ram Mandir Road,
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Karanja (Lad), Tq. Karanja Lad,
Distt. Washim.
5. Gajanan s/o Balalji Joshi,
Aged about 42 years,
Occupation - Agriculturist,
R/o Near Guru Mandir Karanja (Lad),
Tq. Karanja (Lad), Distt. Washim. ... Non-Applicants
Shri Firdos Mirza with Shri A.S. Deshpande, Advocate for
Applicants.
Shri V.P. Gangane, Additional Public Prosecutor for
Non-Applicant No.1.
Shri S.P. Bhandarkar, Advocate for Non-Applicant Nos.2 to 5.
Coram : R.K. Deshpande & M.G. Giratkar, JJ.
Date of Reserving the Judgment : 14th November, 2017 Date of Pronouncing the Judgment: 21st November, 2017 Judgment (Per R.K. Deshpande, J.) :
1. This application under Section 482 of the Code of Criminal Procedure challenges the setting up of criminal law in motion vide Crime No.72 of 2015 registered against the applicants for the offences punishable under Sections 420, 465, 468, 408 and 471 read with Section 34 of the Indian Penal Code ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:26 ::: 4 apl369.15.odt at the instance of the non-applicant Nos.2 to 5.
2. The applicants claim to be the office bearers of the Trust, viz. "Shri Nrusinha Saraswati Swami Maharaj (Datta)" having registration No.A-68 of Akola as per Change Report No.425 of 1986 decided on 30-7-1986, which was accepted by the learned Assistant Charity Commissioner, Akola, vide order dated 25-10-2004. It is not in dispute that the proceedings under Section 41D of the Maharashtra Public Trusts Act, 1950 were instituted against the applicants for misappropriation of the amount and the acts of malfeasance and misfeasance on 10-8-2012. The charges were framed on 9-9-2014 and the trustees were placed under suspension on 1-12-2015. It is informed that the order of suspension of trustees was kept in abeyance.
3. The learned Joint Charity Commissioner, Amravati, passed a final order on 26-8-2016 removing all the applicants from the Trust on the ground that the charges framed against ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:26 ::: 5 apl369.15.odt them are proved in respect of malfeasance and misfeasance. It is held in the order that the detailed investigation in respect of misappropriation of funds can be made during the investigation of criminal offence registered against the applicants and the evidence on record before the learned Joint Charity Commissioner is not sufficient to prove the charge of misappropriation of funds.
4. It is informed that the order dated 26-8-2016 passed by the learned Joint Charity Commissioner, Amravati, is the subject-matter of challenge in Civil Misc. Judicial Case No.26 of 2016 in the Court of District Judge at Mangrulpir by filing an appeal under Section 41D(5) of the said Act and there is an interim order of stay operating to the final order passed by the learned Joint Charity Commissioner.
5. On the basis of the complaint of the non-applicant Nos.2 to 5 submitted on 2-7-2014, the FIR came to be registered on 31-5-2015 against the applicants, which is the subject-matter ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:26 ::: 6 apl369.15.odt of challenge in this petition. The first ground is that unless and until the charge of misappropriation of funds of the Trust is proved in the appeal pending before the learned District Judge challenging the order passed by the learned Joint Charity Commissioner on 26-8-2016, the prosecution against the applicants cannot proceed and the registration of FIR is premature and abuse of process of Court. It is urged that the non-applicant Nos.2 to 5 had filed Writ Petition No.128 of 2014 before this Court in the nature of Public Interest Litigation seeking direction to register the offences under Sections 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code against the applicants and it was withdrawn on 29-1-2014. According to the applicants, it was, therefore, not permissible to register the FIR in respect of the said offences against the applicants on the same facts and circumstances, which existed while filing Writ Petition No.128 of 2014. It is further urged that there are no specific allegations made against the applicants so as to connect them with the alleged offences and the complaint filed is totally false, only to harass the applicants to ruin their ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:26 ::: 7 apl369.15.odt social image.
6. We have heard Shri Mirza, the learned counsel for the applicants; Shri Gangane, the learned Additional Public Prosecutor for the non-applicant No.1; and Shri Bhandarkar, the learned counsel for the non-applicant Nos.2 to 4.
7. We have gone through the order dated 26-8-2016 passed by the learned Joint Charity Commissioner. Though it holds the applicant-Trustees guilty of the charges of malfeasance and misfeasance, the learned Joint Charity Commissioner has refused to go into the charge of misappropriation of the amount on the ground that the investigation of it is being done in Crime No.72 of 2015, which is the subject-matter of challenge in this petition. The learned Joint Charity Commissioner holds that there is no sufficient material available on record to prove the charge of misappropriation. In our view, this cannot prevent the investigation into the offences alleged against the applicants. The enquiry in respect of the alleged charge of misappropriation, ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:26 ::: 8 apl369.15.odt fabrication of record, etc., is required to be done. The charge is serious in nature and we do not find any vagueness in it so as to call the proceedings as abuse of process of Court.
8. We have gone through the first complaint dated 6-6-2013 made by the non-applicant Nos.2 to 5 to the Police Station Karanja. It was totally a vague complaint, on the basis of which the police authorities refused to register the offences against the applicants. The complaint now filed dated 2-7-2014 produces material on record, which needs to be investigated into in the crime registered on the basis of it. Whether the charges are false or not, is a matter to be enquired into.
9. In view of above, we do not find that it is a case of abuse of process of Court or that the registration of FIR against the applicants was not permissible in the facts and circumstances of this case or that the pendency of appeal against the order dated 26-8-2016 passed by the learned Joint Charity ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:27 ::: 9 apl369.15.odt Commissioner, Amravati, in any way becomes an impediment for the trial of the offences.
10. In view of above, no case is made out to invoke our inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings of Crime No.72 of 2015. The application is dismissed. Rule stands discharged.
(M.G. Giratkar, J.) (R.K. Deshpande, J.)
Lanjewar, PS
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