Bombay High Court
Hindu Janjagruti Samiti Through ... vs Nitin Karir Chif Scercetry State Of ... on 1 August, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
*1* 958y cp675o24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
958 CONT. PETITION NO. 675 OF 2024
IN CRPIL/5/2022
(Board dt.30.07.2024)
HINDU JANJAGRUTI SAMITI THROUGH PRIYANKA
AVINASH LONE
VERSUS
NITIN KARIR CHIF SCERCETRY STATE OF
MAHARASHTRA AND OTHERS
...
Shri Kulkarni Suresh M., Advocate for the Petitioner.
Shri A.B. Girase, Government Pleader for the State of
Maharashtra.
...
CORAM : RAVINDRA V. GHUGE
&
Y. G. KHOBRAGADE, JJ.
DATE :- 01st August, 2024
Per Court :-
1. Leave to correct serial numbers of the Respondents.
The second Sr.No.5 becomes Sr.No.6. Further leave to correct
the description of Respondent No.2, who is presently the Chief
Secretary of the State of Maharashtra. Leave to add the present
Additional Chief Secretary, Home Department, Government of
Maharashtra, as Respondent No.7. Correction be carried out
forthwith.
*2* 958y cp675o24
2. We have perused the judgment delivered by the co-
ordinate Bench of this Court dated 09.05.2024, in Criminal
Public Interest Litigation No.05/2022. We have perused
paragraph Nos.21 and 22, so also paragraph No.24 (a) and (b),
which read as under:-
"21. We cannot countenance the stand being taken
by the State Government prejudging the issue.
If at all the crime is registered and investigated
and if the investigating machinery/officer is
unable to collect the material, obviously, he
will not be in a position to substantiate the
allegations and may not even file a charge-
sheet. However, the action cannot be
preempted.
22. We, therefore, are of the considered view that
since it is a matter of misappropriation and
criminal breach of trust resorting to forgery, it
being a cognizable offence punishable under
relevant sections of the Indian Penal Code, the
criminal law must be set in motion and there
has to be a threadbare investigation into the
allegations.
23. Admittedly, the practice of auctioning the
donation box has been stopped after the Joint
Charity Commissioner passed the order in
Application No. 3/2010 dated 20.04.2010.
24. The Criminal Public Interest Litigation is
disposed of with following directions :
(a) The enquiry report dated 27.09.2017 (Exh. R2)
and another report dated 21.02.2018 (Exh. R4),
shall be registered as F.I.R. with Tuljapur
police station and shall be investigated by the
officer of the rank of Superintendent of Police
CID, Maharashtra State.
(b) The investigating officer to be appointed shall
undertake the investigation immediately and
*3* 958y cp675o24
shall conclude it as expeditiously as possible."
3. It is in no uncertain words that the Division Bench
of this Court has expressed that it is a matter of misappropriation
and criminal breach of trust resorting to a forgery and it being a
cognizable offence punishable under the relevant sections of the
Indian Penal Code (IPC), that the criminal law must be set into
motion and there has to be a threadbare investigation into the
allegations. The Court also recorded that the enquiry reports
dated 27.09.2017 and 21.02.2018, shall be registered as FIR with
the Tuljapur Police Station and shall be investigated by the
officers of the rank of the Superintendent of Police, CID,
Maharashtra State. It is also directed that the Investigating
Officer shall undertake the investigation immediately and
conclude it, expeditiously.
4. This Judgment, after being pronounced on
09.05.2024, has not been implemented till today. Apparently,
Respondent No.6/ Collector and ex-officio Chairman of the
temple Trust, has not registered the FIR. Prima facie, the conduct
of Respondent No.6 needs to be brought to the attention of
*4* 958y cp675o24
Respondent No.7.
5. In view of the above, considering the seriousness of
the issue in the backdrop of the judgment delivered in Criminal
Public Interest Ligation No.05/2022, that we are issuing notice
under the Contempt of Courts Act to Respondent No.6
(Dr.Sachin Ombase). We are also issuing a simple notice to
Respondent No.7 (Smt.Sujata Saunik). Both these notices are
made returnable on 02.09.2024.
6. The pendency of this petition would not be an
impediment for Respondent No.6 to immediately register the
FIR, strictly in terms of the directions in Clauses 24 (a) and (b),
of the judgment dated 09.05.2024.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
