SURESH RUPRAO KHANDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Mardikar, Advocate for the applicants and Shri Thakare, A. P. P. the respondent.

(2.) THIS application has been filed under section 482 of Code of Criminal Procedure by the applicants accused persons for quashing the criminal prosecution and for setting aside the order dated 23rd June, 1998 passed below Exhibit 110 by the learned Chief Judicial Magistrate, Amravati in Regular Criminal Case No. 44 of 1994.

(3.) MR. Mardikar, the learned Counsel for the applicants contended that Crime No. 295 of 1991 for the offences punishable under sections 468, 420, 161, 165, 471, 474, 120-B read with section 34 of Indian Penal Code has been registered on the basis of which charge-sheet has been filed against the applicants-accused. Both the applicants-accused are in the service of police department as Junior Clerks. The incident is said to have taken place on 22nd of August, 1991 and the report was lodged on 23rd August, 1991 by one complainant Anand Mundkur. He contended that the sum and substance of the allegations was that 125 persons were to be selected on 19th August, 1991, the list of the candidates from various offices such as Samaj Kalyan, Prakalpa Adhikari, Employment Exchange etc. , were called. The applicants being the clerks in police department had sent interview calls letters between 19th August, 1991 to 21st August, 1991; physical fitness test or written test was held. The candidates, who had cleared physical fitness test were asked to undertake the written examination and when the totalling of the marks was being done it was claimed that in so far as two question papers were concerned, there was some interpolation of marks. He further contended that the allegations of the prosecution is that the applicants being clerks serving under Superintendent of Police in discharge of their official duties, had favoured certain persons and interview calls were got issued in their favour and also there was interpolation of marks and attempt was made to favour certain candidates. He further contended that on the basis of said report the investigation commenced and after due completion of investigation, charge-sheet was filed in the Court of learned Magistrate, who took cognizance of the offence.