YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The application is filed under section 439 (2) of Criminal Procedure Code for cancellation of relief granted by Sessions Court, Jalgaon in Criminal Application No. 1392/2012. Both the sides are heard. This Court has heard the learned APP also.

(2.) The crime at C.R. No. 146/12 is registered in Chalisgaon Police Station on the basis of report given by applicant for offences under sections 406, 409, 420, 467, 471 etc. of Indian Penal Code. The applicant has completed B.A.M.S. course from the Medical College run by Kisan Dnyanodaya Mandal, Chalisgaon. Respondents/accused were running the institution. They were working as Treasurer, Principal and also as Trustees. Allegations are made that the respondents/accused joined hands with Members of Committee appointed by C.C.I.M. and created false record regarding the appointment of staff, the compliance of the conditions necessary for giving permission to continue the institution. It is contended that after inspection of the institution the permission granted to aforesaid college was cancelled on 1.9.2011. It is contended that by creating false record of appointment of professors, staff and also by creating false record in respect of students, Government was cheated and the Government money was misappropriated by the accused. Some names are given, who were not actually working with the institution, but false record in respect of those persons was created.

(3.) The respondents had filed Criminal Writ Petition No. 386/2012 for quashing of the F.I.R. In the said proceeding, interim relief of following nature was given. "2. Perused the complaint on the basis of which Crime No. 146 of 2012 registered with Chalisgaon Police Station, District Jalgaon. The police shall submit all papers of investigation before this Court and till next date shall not take coercive action against the applicants."