Bombay High Court
Shri Ramdas S/O Sakharam Shevale vs The State Of Maharashtra & Anr on 28 April, 2016
Bench: R.M. Borde
criappln6383.15.doc
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 6383 OF 2015
Shri Ramdas s/o Sakharam Shevale
age 57 years, occ. service
r/o Jalna, Tq. Bhokardan,
Dist. Jalna. .. APPLICANT
VERSUS
1. The State of Maharashtra
Through the Police Inspector
Bhokardan Police Station
Tq. Bhokardan, Dist. Jalna.
2.
Totaram s/o Kundlik Jadhav
age 75 years, occ. President
Shri RAmeshwar Shikshan Sanstha
Bhokardan r/o Dehede
Post Danapur, Tq. Bhokardan
Dist. Jalna. .. RESPONDENTS
Mr. V.B. Jagtap, advocate holding for Mr. V.D. Sapkal, advocate for
applicant.
Mr. S.J. Salgare, APP for the State.
Mr. V.V. Deshmukh, advocate for respondent no. 2
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CORAM : R.M. BORDE &
P. R. BORA, JJ.
DATE : 28th APRIL, 2016.
ORAL JUDGMENT : ( PER R. M. BORDE, J.)
1. Rule. Rule made returnable forthwith. Heard finally by consent of
learned counsel for respective parties.
2. This is an application by the accused who is serving as Education
Officer requesting to quash the proceeding initiated in pursuance to lodging
of the complaint to the Magistrate registered as Criminal Misc. Application
No. 274/2015. It is not a matter of controversy that the complainant claims
criappln6383.15.doc
to be the office bearer of the education institution as also some of the
accused are office bearers of the education institution and that there is
dispute interse pending with the Charity Commissioner. Applicant claims
to hold control over the affairs of the management. The act alleged against
the Education Officer relates to according approval to the appointment of
one of the teacher which, according to complainant, has been granted
wrongfully with malafide intention. The Education Officer while granting
approval to the appoint has acted in discharge of his official duties. The
Education Officer is a public servant within definition of section 14 of the
Indian Penal Code and no criminal proceeding can be maintained against
him without securing sanction within contemplation of section 197 of the
Code of Criminal Procedure. Admittedly, no sanction has been granted to
proceed against the applicant. The complaint itself, on its bare perusal,
appears to have been presented to settle score with the members who are
opposing the complainant in gaining control over the affairs of the
management and, the Education Officer, who has acted in discharge of his
official duty is unnecessarily dragged into the controversy. Initiation of
complaint against the Education Officer cannot be said to be a bonafide act.
3. For the reasons recorded above, criminal proceeding initiated against
applicant who is public servant needs to be quashed and set aside and the
same is accordingly quashed and set aside. Rule made absolute.
( P. R. BORA ) ( R. M. BORDE )
JUDGE JUDGE
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