O P MISHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, returnable forthwith. The learned APP waives service for the State and the respondent No.2 waives service for himself. Heard by consent.

(2.) BY way of present application, the applicant prays for quashing and setting aside the Order dated 6th August 2005 vide which the learned Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai has issued process against the applicant - accused in C.C. No.281/M/2004.

(3.) MR. Joshi, the learned counsel appearing on behalf of the applicant submits that the allegations in the complaint are pertaining to a period between 3rd February 2003 and 24th June 2003. It is submitted that the applicant had relieved from the charge on 24th June 2003 and therefore the period of alleged offence i.e. between June to September 2004, is much after he ceased to hold the office. The learned counsel further submits that the complaint has been filed without obtaining the requisite sanction of the competent authority and therefore the learned Magistrate has erred in issuing process. The learned counsel relies on the judgment of this Court in the case of Subhash s/o. Luther Manmothe vs. State of Maharashtra & Ors. (2006 ALL MR (Cri) 2503).