- (1.) Heard. The intervener's application was allowed by this Court. We have perused the said order. We have heard the submissions of the interveners also. The applicant, who served for 36 years as a Teacher/Head Master with Jagdamba High School at Mahur, Tq. Mahur, district Nanded, filed the present criminal application invoking inherent jurisdiction of this Court under Section 482 of Cr.P.C., praying for following reliefs:- B) The investigation papers of Crime No. 42 of 2005 (dated 26.2.2005) registered at the instance of present Non-Applicant No. 2 with Vazirabad police station, Nanded, may kindly be called for. C) This Criminal Application may kindly be allowed by quashing and setting aside the F.I.R. dated 26.2.2005 (Crime No. 42/2005) to the extent of this applicant, registered with Vazirabad police station, Nanded at the instance of present non-Applicant No. 2 for offences punishable under Sections 420, 468, 467, 471 read with Section 34 of Indian Penal Code.
(2.) The applicant's case is that in the year 1996 he came to be appointed as Head Master and was holding the said post till filing of this application. There was a dispute in respect of Change Report filed before the Assistant Charity Commissioner, Nanded, which was accepted by the Joint Charity Commissioner, Aurangabad. The dispute arose in respect of acceptance of Change Report, in the proceeding of the RJE (BPT) No. 114 of 2003 and RJE No. 137 of 2003 filed by the opposite party of the managing committee members. Both these proceedings were decided by common judgment and order dated 6.8.2004, by the learned Ad hoc Additonal District Judge, Nanded. Both the applications were allowed and the impugned order therein dated 7.8.2003 was set aside. The matter was remanded to the Assistant Charity Commissioner, Nanded for fresh enquiry.
(3.) It is contended that on 19.8.2004, a meeting of managing committee members took place. In the said meeting, unanimously a separate resolution came to be passed, in which the applicant and one Trustee viz. Purushottamrao Deshmukh were empowered to deal with financial affairs of the Trust. In the light of said resolution, Secretary of the Trust viz. Purushottamrao Deshmkh had filed an application on 22.8.2004 to the office of District Social Welfare Officer, Zilla Parishad, Nanded seeking permission to open bank account in the name of Shri Gurumurti Mahant Dattaram Bharati B.C. Boys Hostel, Mahur, District Nanded. Consequently, in view of resolution passed by the management of the Trust, District Social Welfare Officer, Zilla Parishad, Nanded issued two cheques, one for Rs. 2,88,000/- towards purchase of food grains and other articles to the students of the hostel and another for Rs. 14,400/- towards the salary of Superintendent of Hostel. The necessary procedure was followed by the management and thereafter said amount was utilized for the purpose, for which it was directed by the Zilla Parishad.;