Sadhana S. Jadhav, J. - (1.) The State being aggrieved by the judgment and order dated 23rd October 2012 passed by the Special Judge, Kolhapur acquitting the respondent of the offences punishable under sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 in a Special Case No.5 of 2010 has approached this Court by filing the present appeal.
(2.) Such of the facts necessary for the decision of this appeal are as follows :- The case pertains to the functioning of Ratnappa Kumbhar Nagar Co.Op. Housing Society. The complainant PW1 - Mr. Balasaheb Krishna Mali was officiating as Chairman of the Society in the year 2006- 2007. In the year 2006, the society had passed a resolution that they would give gift to all the members in the form of coupon of Rs.500/-. One Mr. Prakash Yadav who happens to be the member of the society had serious objections to the same, since it was his contention that the society is distributing gift coupons without the permission of the Assistant Registrar. On 14th November 2006 Mr. Prakash Yadav had filed a complaint before the Assistant Registrar, Karveer complaining about the illegal and malafide practices in which the society was indulging. It appears that a notice was issued by the Assistant Registrar to the governing body of the society on 23rd November 2006. In the year 2006 one Mr. Nimbalkar was officiating as the Assistant Registrar of the Co.Op. Housing Society. The charge was taken over by the present respondent in the year 2007. Mr. Nimbalkar had closed the file however it appears that the present respondent had opened the file.
(3.) In fact, the elections to the said society were due and election programme was prepared by the present respondent and was submitted to the society for approval. PW1 had returned the said election programme by making certain changes.;