Bharat S/O. Pratap Shinde vs The State Of Maharashtra
2017 Latest Caselaw 3182 Bom

                                                                   Cri.W.P.515/2017
                                       1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

                    CRIMINAL WRIT PETITION NO.515 OF 2017

1,      Bharat s/o Pratap Shinde,
        Age 45 years, Occu.Agri.,

2.      Rajashree Santosh Patil,
        Age 34 years, Occu. Household

[3]     Chandrakant s/o Bhagwat Patil                    }   Petition of is
        Age 45 years, Occu. Agri.,                       }   petr.Nos.3 to 5
                                                         }   is rejected as
                                                         }   per Court's
[4]     Sunita w/o Anant Chaudhary,                      }   order dated
        Age 42 years, Occu. Household                    }   18.4.2017

        All R/o Mamurabad,
        Taluka and District Jalgaon

[5]     Vyankatrao s/o Uttamrao Mundhe,
        Age 55 years, Occu. Business,
        R/o Rohit Construction, Bhavsar
        Chowk, Near Old Post Office,
        Nanded                                           .. Petitioners

        Versus

The State of Maharashtra
and anr.                                                 .. Respondents


Mr K.D. Bade Patil, Advocate for petitioners
Mr K.D. Mundhe, A.P.P. for respondent no.1
Mr Girish Nagori, Advocate for respondent no.2


                                           CORAM : R.M. BORDE AND
                                                   A.M. DHAVALE, JJ.

                                           DATE     : 14th June 2017

PER COURT

        Heard.

2.      Rule.     Rule returnable forthwith.   With the consent of parties,

petition is taken up for final disposal at admission stage.

Cri.W.P.515/2017

3. The petitioners are praying for quashment of the criminal

proceedings initiated in pursuance to lodging of F.I.R. bearing

No.8/2017 registered at Taluka Police Station, Jalgaon, District Jalgaon

on 1st February 2017 for commission of offences punishable under

Sections 403, 406, 420, 447-A and 120-B of the Indian Penal Code.

The offence is registered in pursuance to the directions issued by the

Magistrate, in exercise of powers under Section 156 (3) of the Code of

Criminal procedure on 30th January 2017 in Criminal Application

No.1026 of 2016.

4. The allegations levelled against the petitioners relate to

execution of work of Mamurabad Drinking Water Supply Scheme. It

appears that the petitioner No.1 was office bearer of the Water

Management Committee of the same village between 2011 to 2015.

The alleged work appears to have been executed during the tenure of

the office bearers including petitioner No.1. It would be appropriate

for the petitioner no.1 to avail of the remedies available in law after

presentation of the charge-sheet and as such truthfulness or

otherwise of the allegations levelled against petitioner No.1 need not

be gone into.

5. So far as the petitioner no.2 is concerned, it has been brought

to our notice that she was not office bearer of the committee or the

village panchayat at any point of time. She did not have any authority

to deal with the funds released by the village panchayat or State

Government for execution of the work. The petitioner No.2 does not

appear to be connected with the alleged work of water management

Cri.W.P.515/2017

committee of the concerned village. There is no reason for

implicating petitioner No.2 and as such, criminal proceedings initiated

against her deserve to be quashed.

6. In the result, the application tendered by the petitioner No.1

stands disposed of with liberty to avail of the remedies available in

law, after filing of charge-sheet.

7. The application tendered by the petitioner No.2 deserves to be

allowed and same is accordingly allowed. The criminal proceedings

initiated against the petitioner No.2 in pursuance of registration of the

F.I.R. bearing No.8/2017 at Taluka Police Station, Jalgaon, District

Jalgaon on 1st February 2017 for commission of offences punishable

under Sections 403, 406, 420, 447-A and 120-B of the Indian Penal

Code stand quashed.

8. Rule is made absolute, as specified above.

      ( A.M. DHAVALE, J.)                   ( R.M. BORDE, J.)




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