ALKA UDHAVKHAIRE AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Alka Udhavkhaire And Others
STATE OF MAHARASHTRA AND ANOTHER
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(1.) Rule made returnable forthwith. Heard finally with the consent of counsel appearing for both sides.
(2.) This application is preferred by the applicants invoking remedy under Section 482 of Cr.P.C. read with Articles 226 and 227 of the Constitution of India and thereby prayed to quash and set aside the impugned FIR bearing Crime No. 199 of 2016 registered under Sections 406, 409, 420, 468,471, 477 r/w. 34 of IPC at police station, Partur, Dist. Jalna. The impugned FIR came to be registered pursuant to the directions of the learned Magistrate under Section 156(3) of the Cr.P.C. issued in a private criminal complaint filed under Section 200 of the Cr.P.C. by the respondent No.2 Dr. Ramprasad Mohanlal Porwal.
(3.) It has been alleged that the applicants being employee of the Municipal Council, Partur have indulgence in the offence of forgery for the mischief of cheating and misappropriation of public funds and thereby committed the Criminal Breach of Trust etc. According to respondent No.2/complainant, in the year 2013-14, there were two vehicles of the Municipal Council, Purtur for public utility services. The applicant No.2 Shri Manohar Tunganwar, Sanitary Inspector, used to maintain the log book of these vehicles. The applicant No.1 Smt. Alka Khaire was the Chief Officer of the Municipal Council, Partur during the relevant period of year 2013-14 and applicant Nos. 3 and 4 were the drivers deputed on these vehicles of the Municipal Council.;
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