MOHAMMAD ILLIYAS MAHAMMAD SHAFI Vs. SHAHEEN PARVEEN ZIAULMALLAN KHAN
LAWS(BOM)-2017-9-33
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on September 26,2017

Mohammad Illiyas Mahammad Shafi Appellant
VERSUS
Shaheen Parveen Ziaulmallan Khan Respondents

JUDGEMENT

P.N.DESHMUKH,J. - (1.) Both these petitions are decided by this common judgment and order in view of the fact that challenge in both these petitions is to impugned judgments dated 13th July, 2012 and 25th October, 2012 passed in Criminal Revision No.15 of 2012 and Criminal Revision No.30 of 2012, respectively, by learned Additional Sessions Judge Darwha, Distt.Yavatmal, thereby dismissing both the Criminal Revisions, filed against order dated 26 th March, 2012, passed by learned Judicial Magistrate (F.C.) Darwha in R.C.C.No.145 of 2012, whereby learned Court of Magistrate had ordered to issue process against the petitioners for the offence punishable under Sections 406, 409, 417, 418, 420, 465, 467, 471, 477-A, 166, 120B read with Section 109 of the Indian Penal Code.
(2.) Facts involved in the petitions can be briefly stated as under :- Complainant Shahin Parveen is the teacher and petitioner nos.1 and 2 are the husband and wife. Petitioner No.1 was running Millat Eduction Society, while petitioner No.2 was running Mahila Bahuudeshiy Shikshan Prasarak Mandal, Talegaon (Deshmukh). Both education societies were running schools. Petitioner No.3 is their son- in-law, while petitioners in Criminal Writ Petition No.496 of 2013 were Education Officer, Yavatmal and Education Officer, Akola, respectively.
(3.) It is contended that respondent no.1 was appointed as Assistant Teacher to the school i.e. Hazrat Khawaja Moinuddin Chisti. Her post was sanctioned by the Education Department. In the year 2003 she as posted as Head Master. Petitioner nos.1 and 2 were causing interference in day to day functioning and affairs of the school. Therefore, she resigned from the post of Head Master on 30 th June, 2005. Thereafter one Ejazbaig was appointed as Head Master. He was also harassed by the petitioner nos.1 and 2, therefore he also resigned. Thereafter petitioner no.3 was posted as Head Master of the said school in the year 2005-2006. Meanwhile marriage of daughter of petitioner nos.1 and 2 was performed with petitioner no.3. Thereafter petitioner Nos.1 to 3 prepared false documents, to gain financial benefits and administrative benefits to petitioner no.3. It is further alleged that petitioner no.3 was never appointed during the tenure of respondent no.1 as Head mistress and her signatures were forged on appointment order of petitioner no.3. It is also alleged that the seniority list was also fabricated in the year 2003-2004 so as to give financial benefits to petitioner no.3.;


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