Bombay High Court
Chhaya Anil Sedame vs State Of Mah. Thr. Pso Ps Ghuggus Tah. ... on 8 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:365-DB
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20.apl.543.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.543 OF 2023
Sau. Chhaya Anil Sedame, aged about
55 years,, Occ. Service, C/o Anil
Sedame, Flat No. 101, Krushna Apt.
Dhoke Layout, Sunder Biscuit, Koradi
Road, Bhokara, Koradi (NB), Nagpur
441111
... APPLICANT
VERSUS
1. State of Maharashtra, through
Police Station Officer, Police Station,
Ghuggus, Tahsil : Chandrapur,
District Chandrapur
2. Rajaram s/o Tukaram Bhadke, Aged
about 64 years, Major, Occ. Manager,
R/o Sanjay Nagar, Mul Road,
Chandrapur.
3. Chandrapur Zilla Magasvargiya
Nagarik Sahakari Pat Sanstha,
through its Chairman, Shri Vivek
Atmaram Nale, Office at Sanjay
Nagar, Mul Road, Chandrapur.
... NON-APPLICANTS.
_____________________________________________________________
Shri P.M. Giratkar, Advocate for the applicant.
Shri A.B. Badar, Addl.P.P. for the State.
Shri Alok Daga, Advocate for non-applicant nos. 2 and 3.
______________________________________________________________
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20.apl.543.2023.odt
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 08.01.2024.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. By this application the applicant (accused no.2) is seeking
to quash the charge-sheet arising out of First Information Report
No.176 of 2012 registered with the Ghuggus Police Station, District
Chandrapur for the offence punishable under Sections 420, 406 read
with Section 34 of the Indian Penal Code.
4. At the instance of the FIR lodged by Manager of the
Chandrapur Zilla Magasvargiya Nagarik Sahakari Pat Sanstha ('the
Society'), crime has been registered. The Audit Report discloses
misappropriation which resulted into filing of the FIR by the Manager
of the Society. Both learned Counsel would submit that though the
charge is framed however yet evidence has not commenced.
5. Learned Counsel for the applicant would primarily urged
that in view of the decision of this Court in case of Mahadeorao
20.apl.543.2023.odt
Uttamrao Rajurkar and Anr. vs. The State of Maharashtra and Ors.
2020 ALL MR (Cri) 4325, the FIR lodged by any other person than the
Auditor in furtherance of Audit Report submitted under Section 81 of
the Maharashtra Co-operative Societies Act 1960, is not maintainable.
6. Moreover, reliance is placed on another decision of this
Court in case of Shadir Mohammad s/o Sheikh Rahim Qureshi vs. State
of Maharashtra and Ors. (Criminal Application (APL) No.635/2019)
dated 14.03.2022, wherein this Court once-again by relying on the
decision in case of Mahadeorao Uttamrao Rajurkar and Anr. vs. The
State of Maharashtra and Ors. (supra), reiterated the legal position and
turned down the FIR.
7. Besides that non-applicant nos.2 and 3 have appeared
through their Counsel and filed a reply stating that they have no
objection to quash the FIR. Learned Counsel for the applicant has
equally pointed from the police papers that the applicant was attached
to the concerned Branch during the period from 01.04.1991 to
25.10.1991 whilst misappropriation was allegedly carried out from
November, 1991 onward.
8. Our attention has also drawn to the fact that alleged
20.apl.543.2023.odt
misappropriation was to the tune of Rs.9600/-.
9. In view of the above legal position, the proceedings
initiated by the employee of the Society cannot be allowed to
continued, particularly, when FIR was in pursuance of Audit Report
under Section 81 of the Maharashtra Co-operative Societies Act, 1960.
Therefore, the following order :
(a) The Criminal Application is allowed.
(b) We hereby quash and set aside the criminal prosecution
bearing R.C.C. No.590 of 2014 pending on the file of the Judicial
Magistrate First Class, Chandrapur arising out of First Information
Report No.176 of 2012 registered with the Ghuggus Police Station,
District Chandrapur for the offence punishable under Sections 420, 406
read with Section 34 of the Indian Penal Code.
10. The application stands disposed of.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 11/01/2024 15:14:09
