SMT. RAJNI MADHUKAR SANER Vs. THE STATE OF MAHARASHTRA & ANR.
HIGH COURT OF BOMBAY
Smt. Rajni Madhukar Saner
The State of Maharashtra And Anr.
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(1.) Leave to amend. Amendment to be carried out forthwith.
(2.) The respondent No. 2 filed complaint being Regular Criminal Case No. 180 of 2009, for an offence punishable under Section 420 of the Indian Penal Code alleging that he is member of Shikshak Sanghatana, a registered organisation, which is required to look into the grievances of the teachers. According to him, he received complaints from the employees of the Appasaheb Pundlik Kalu Patil Madhyamik Vidyalaya, Pimparkhed, Taluka Bhadgaon, District Jalgaon of which the present petitioner is the Headmistress and so as to redress the same, he filed application under Right to Information Act seeking information about the teaching and non-teaching staff, their appointments, the memo issued, explanations tendered, action taken etc. It is the case of the respondent No. 2 before the Magistrate that for supplying said information, an amount of Rs. 22,845/- was recovered from him towards the photostat charges, postal charges etc. According to him, information, which was rather not demanded, was also supplied and as such, extra amount was extracted from him. He had urged in the complaint same amounts to an offence of cheating under Section 420 of the Indian Penal Code.
(3.) Learned Judicial magistrate, First Class, Pachora, vide order dated 24th August 2009 directed to investigate the matter in exercise of powers under section 156 (3) of the Cr.P.C., 1973 as such, present petition questioning the legality and tenability of the said proceedings against the petitioner.;
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