KEWALKUMAR VYANKATRAO NEMMANIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally, by consent.

(2.) By present Criminal Application the Applicants, then President of Municipal Council, Kinwat and Chief Executive Officer, respectively, seek quashment of F.I.R. vide Crime No.3005 of 2011, dated 11th March 2011, registered at Police Station, Kinwat, for the offences punishable under Sections 420, 409, 468, 201 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C."). . Respondent Nos.2 and 3 were also members of said Municipal Council, at the relevant time.

(3.) A resolution was passed in Municipal Council, Kinwat on 4th January 2010, and approved for expenditure of Rs.80,00,000/ (Rupees Eighty Lakh) to provide High Mask System for street light arrangements. Applicant No.1 asserts that he was not party to said resolution but it was Respondent Nos.2 and 3 who attended Meeting. For such purposes, our attention is drawn to Page No.23 of the Petition, primarily showing that Applicant No.1 did not attend the said meeting.