Shobana Gurunath Gokhale vs The State Of Maharashtra
2017 Latest Caselaw 7932 Bom

                                       1                   WP 217-08, J.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

             CRIMINAL WRIT PETITION NO.217 OF 2008

     1.      Smt. Shobana Gurunath Gokhale,
             Age - 40 years, Occu. Household,
             R/o Surbhinagar, Bhusawal,
             Tq. Bhusawal, Dist. Jalgaon.

     2.      Sau. Joshanna Rajesh Khare,
             Age - 42 years, Occu. Household,
             R/o Kanaiyalal Plot, Bhusawal,
             Tq. Bhusawal, Dist. Jalgaon.     ...  Petitioners

                      Versus

     1.      The State of Maharashtra,
             Through the Police Inspector,
             Bazzar peth, Police Station,
             Bhusawal Tq. Bhusawal,
             District Jalgaon.

     2.      Ku. Sweta D/o Prakash Dolare,
             Age - 22 years, Occu. Education,
             R/o New R.M.S. Colony,
             Shirpur Kanala Road, 
             Bhusawal, Tq. Bhusawal,
             District Jalgaon.                ...  Respondents

                                  ...
             Mr. V.P.Latange, Advocate for petitioners
             Mr. V.S.Badakh, APP for Respondent-State
             Adv. N.S.Ghanekar, Advocate for Respondent No.2
                                  ...

                               CORAM :  T.V.NALAWADE AND
                                        ARUN M. DHAVALE, JJ.

DATED : 9th October, 2017

2 WP 217-08, J.odt

JUDGMENT :-

1. The submissions made show that after making

the order under challenge, Assistant Registrar of Co-

operative Societies had given report on the basis of

inquiry made by him to Police Station, against all the

office bearers of the society. Investigation into that FIR

was made and the charge-sheet is filed against all the

office bearers and Directors, including the present

petitioners. In view of these submissions, this Court

holds that allowing the investigation in the present

matter, due to the order passed by the learned

Magistrate on 03.10.2007, is not possible. The

Investigating Officer, who has filed the charge-sheet, is

still vested with the powers under Section 173(8) of

Criminal Procedure Code. Further, it is also within the

powers of the Trial Court to give appropriate directions.

In view of these circumstances, this Court holds that

there is no need of separate investigation as ordered by

Judicial Magistrate (First Class), Bhusawal in the

complaint filed by Respondent Sweta Dolare in

3 WP 217-08, J.odt

RCC.No.267 of 2007.

2. In the aforesaid circumstances, this petition is

allowed. The impugned order is set aside. However, there

is liberty to Respondent No.2 Sweta Dolare to take

appropriate measures, if she desires in view of the

observations made earlier.

3. Rule is made absolute, in these terms.

(ARUN M. DHAVALE, J.) (T.V.NALAWADE, J.)

...

vmk/-