RAMESH SAHADEO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of parties.

(2.) By the present application, the applicant prays for exercising powers under Section 482 of the Code of Criminal Procedure for quashing the charge framed against him and relegating the matter back to the trial Court for framing the charge, if any, emerging out of the material collected during the course of investigation. The challenge is on the ground of the charge being framed upon the vague matters and in fact not on basis of material collected during the investigation against the applicant.

(3.) The foundation of the challenge is based on the bone contention that the charge is framed on the allegation of the offence alleged having committed during the period from 15.04.1992 to 26.12.2000. It is crux of the submission of the learned counsel that it is undisputed position that the applicant has been posted as an Administrative Officer for the relevant institution since 04.01.2000 to 29.10.2000. It is submitted that the charge being framed for the amount entrusted during the entire period and not for the period for which the applicant was functioning as an Administrative Officer without specifying the amount, if any, allegedly entrusted to him and allegedly misappropriated by him, he will not get adequate opportunity of understanding and meeting the case attempted to be established against him at the trial.