ARUN P. GIDH Vs. CHANDRAPRAKASH SINGH

JUDGEMENT

(1.) A question of general importance is posed for consideration in these matters on a reference made by a learned Single Judge of this Court, (R. G. Avachat J.), by a referral order dtd. 14/2/2023.

(2.) In order to appreciate the context in which reference came to be made to a Larger Bench, it may be apposite to note the facts in Criminal WP/2517/2022 as a representative case. [A] The Reference : Facts:

(3.) The petitioner, a former Municipal Councilor of Kalyan Dombivali Municipal Corporation, lodged a complaint purportedly espousing the cause of the tenants of Manek Colony, which was under re-development. In the complaint, the petitioner alleged that during the period 2004 - 2021, accused Nos.1 to 5/Respondent Nos.1 to 5 were the Municipal Commissioners, accused Nos.6 to 8 were the Assistant Directors, Town Planning and accused Nos.9 to 16 were the then Assistant Town Planners and Engineers and accused No.17 was the developer of the said Manek Colony Re-development Project. The substance of the accusation was that the officers of the Municipal Corporation in connivance with the developer committed various acts of omission and commission resulting in grave prejudice to the eligible occupants of the Manek Colony and wrongful gain to the developer. In the process, the accused committed various offences of cheating, preparation of false documents and forgery in pursuance of a criminal conspiracy. The complainant thus alleged that the accused persons committed offences punishable under Ss. 120B, 420, 418, 415, 467, 448 read with Sec. 34 of the Indian Penal Code, 1860 ("the Penal Code") and Ss. 9 and 13 of the Prevention of Corruption Act, 1988. The complainant further alleged that he had approached the Competent Authority as well as jurisdictional police and superior police officers, and yet the police did not register the FIR. Hence, the complainant sought a direction of the learned Magistrate under Sec. 156(3) of the Code of Criminal Procedure, 1973 ("the Code").