Bombay High Court
Anant S/O Ramrao Nirmal vs State Of Mah. Thr. Ps Incharge Ps ... on 16 February, 2022
Bench: Avinash G. Gharote
apl279.21.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 279 OF 2021
Anant Ramrao Nirmal...Versus...The State of Maharashtra
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. P.S.Wathore, Advocate for the applicant
Mr. A.R.Chutke, APP for respondent/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 16/02/2022
1] The application challenges the framing of charge
and the judgment of the learned Sessions Court dated
27.01.2021, by which challenge to the same came to be
rejected.
2] Mr. Wathore, learned counsel for the applicant
contends that the misappropriation has taken place at Rural
Water Supply Department, Sub Division Anjangaon Surji,
with which the applicant had no concern whatsoever, as he
was never posted at Anjangaon Surji at any point of time. The
posting of the applicant was all the times at Amravati Zilla
Parishad in the Water Works Department as a Senior Account
Officer. It is contended that Mr. Anis Ahmad was the person
who was occupying the post earlier to the applicant and had
not handed over the user Id and password of the system, as a
apl279.21.odt
result of which it was impossible for the applicant to enter
into the system or access the same in any manner whatsoever,
in view of which it is contended that there is no substance in
the contention that the applicant was a willing participant in
the matter of misappropriation of funds earmarked for the
salary bills of Class-III & IV employees of the Water Works
Department to the tune of Rs. 63,22,608/-. It is contended
that the applicant has been falsely implicated by subsequently
inserting his name in the FIR. Great reliance is placed upon
the document evincing handing over of charge dated
25.7.2017 (page 71) to indicate that the user Id & password
was not given to the applicant by his predecessor while
handing over the charge. Reliance is also placed upon the
preliminary enquiry report by the Committee constituted for
this purpose dated 30.10.2018 (page 57), which absolves the
applicant of any complicity in the matter. He therefore
contends that the failure of the learned Sessions Court to
consider this position has resulted into grave injustice, due to
which the applicant is required to face the trial.
3] Learned APP submits that the reliance placed
upon the document of handing over of charge by the
applicant to contend that the password of the system was not
given to the applicant, is misplaced for the reason that the
successor of the applicant namely one Shri Pritam K. Chavhan
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has categorically stated that he had taken the charge of the
post from the applicant on 6.10.2018 (page 75). He further
places reliance upon the statement of Anis Ahmad, the
predecessor of the applicant who in his statement before the
Enquiry Committee has stated that while handing over the
charge on 9.7.2017 to the applicant, he had given the
password and user id of the Sevarth Pranali Stage-2, as well
as the password and the user id of the CMP to the applicant
(page 61).
4] The mode of handing over the password and
user id however is not spelt out from the record and therefore
in order to test the rival averments, it is necessary to look into
the same, considering which, learned APP to place on record
the procedure for handing over the charge in respect of the
password and user id of the Sevarth Pranali Stage-2 system
and the CMP or any general procedure prescribed in that
regard and any notification in that regard on record.
5] List the matter on 23.2.2022.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:16.02.2022 17:28
