STATE OF MAHARASHTRA Vs. POLICE INSPECTOR

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, a prayer is made for quashing and setting aside a First Information Report bearing C.R. No. 227 of 2011 registered with Mohol Police Station, Mohol, District--Solapur, for offences under Sections 465, 467, 468, 472, 420 and 199 of the Indian Penal Code. A prayer is made for quashing the said First Information Report as against one Shri Arvind Gajanan More, who is a Judicial Officer who was working at the relevant time as the Assistant Charity Commissioner, Osmanabad. At the relevant time, he was holding additional charge of the post of Assistant Charity Commissioner, Solapur. By an order dated 1st February, 2012, this Petition was fixed for final hearing. The office noting shows that the notice has been duly served to the second Respondent who is the first informant. The learned APP invited our attention to the complaint of the second Respondent on the basis of which First Information Report was registered. He pointed out that the said Shri Arvind G. More in his capacity as the incharge Assistant Charity Commissioner, Solapur, accepted the change report filed under Section 22 of the Bombay Public Trusts Act, 1950 in relation to a public trust by the name "Pramod Shikshan Va Samaj Vikas Mandal", Mohol, District-Solapur. Only allegation made against him is that fabricated documents were produced in the change report proceedings and without calling the members of the earlier managing committee and without properly scrutinising the matter, acting in conspiracy with the other accused, the change report was approved by him. The submission is that on plain reading of the First Information Report, no offence is made out against Shri Arving More.

(2.) We have perused the First Information Report. The first informant stated that his father and several others came together and established the said Trust by the name Pramod Shikshan Va Samaj Vikas Mandal, Mohol, District - Solapur. Initially his father was the President of the Trust. The first informant claimed that from 18th May, 2009 to 15th November, 2010, he was the Secretary of the said Trust. He stated that two accused persons Anna Kondiba Gund and Kishor Anna Gund took away a list of members and other original documents from the office of the Trust under the pretext of taking photocopies thereof. It is alleged that the said documents were not returned by them. Thereafter, a Change Report (Enquiry No. 864 of 2010) was filed before the Assistant Charity Commissioner, Solapur. It is alleged that the signatures of the first informant and the President of the said Trust were forged and it was claimed that the persons named in the change report took over the management of the Trust.

(3.) The only allegation made against the said Shri Arvind More is that he knew that the forged and fabricated documents were produced but without issuing notice to the members of the earlier Managing Committee and without proper scrutiny, acting in conspiracy with the co-accused, he approved the change report.