LALASAHEB S/O. RAJESAHEB SHAIKH & ANR. Vs. THE STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-3-73
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on March 21,2017

Lalasaheb S/O. Rajesaheb Shaikh And Anr. Appellant
VERSUS
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

K.K.SONAWANE,J. - (1.) Rule. Rule made returnable forthwith. The matter is taken up for final hearing with the consent of parties.
(2.) The applicants, by availing the remedy under section 482 of the Criminal Procedure Code (for short "Cr.P.C.") moved the present application and prayed to quash and set aside the impugned first information report(for short "FIR") bearing crime 361 of 2016 registered against the applicants at Shivajinagar Police Station for the offence of criminal breach of trust punishable under section 409 read with section 34 of the Indian Penal Code (for short "IPC"). The applicants agitated the validity, legality and propriety of the registration of impugned FIR, being second FIR in respect of the same offence and incident forming part of the same transactions as contained in the first FIR bearing Crime No. 9 of 2012 registered earlier pursuant to the directions of the learned Magistrate under section 156(3) of the Cr.P.C. at the behest of complainant Mr. Hamid Sarwar Sahab Shaikh.
(3.) The genesis of the application in brief is that, the first informant Dr. Ganpat Shankarrao More, Education Officer (Secondary) Zilla Parishad, Latur filed the FIR alleging that applicant No.1 Shaikh Lalasaheb Rajasaheb, President of Bhartiya Janhitwadi Sevabhavi Santha, Latur in connivance with applicant No. 2 Secretary of the Institution and respective Headmasters of five minority Schools, misappropriated and swindled the funds sanctioned under the Government scheme for providing basic amenities to the minority School run by the applicants' Institution. It has been alleged that the applicants did not utilize the funds procured from the Government for basic amenities of the minority school nor they obtained utilization certificate from the concerned Collector to show that funds were properly spent for valid purpose as prescribed under the scheme. Moreover, it has also been reported that there were no minority Schools in existence and applicants played the mischief of misappropriation of Government funds procured under the garb of minority schools and committed criminal breach of trust. Pursuant to the report of first informant Dr. Ganpat Shankarrao More, Police of Shivajinagar Police Station, Latur registered the crime No. 361 of 2016 and set the criminal law in motion. Being aggrieved by registration of subsequent FIR bearing crime No. 361 of 2016 under section 409 read with section 34 of the IPC, the applicants rushed to this court and preferred the present application to redress their grievance.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.