LAWS(BOM)-2023-7-569

ANIL GULAB KAWALE Vs. STATE OF MAHARASHTRA

Decided On July 27, 2023
Anil Gulab Kawale Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.834 of 2022, registered with Shahupuri Police Station for offence punishable u/s 406, 408, 417, 420, 463, 465, 467, 468, 471,193, 194, 120(B), read with 34 of the Indian Penal Code, 1860, the applicants are seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the First Information Report, the informant was a member of managing committee of the said society from 1993 to 2015. Civil Suit No.159 of 2018, has been filed alleging misappropriation of government funds and false and forged entries in relation to the documents of society. It is alleged that election for a period of 2022 to 2027 was due. On the eve of election, 1500 members are enrolled illegally. Admission fees received from them is misappropriated, 2200 members are expelled. It is alleged that total amount of which Rs.31,50,000.00 is misappropriated which consists of share amount of entry fee at Rs.2100.00.

(3.) The applicants in ABA No.269 of 2023 are the managing committee members of cooperative society. Applicant in ABA No.268 of 2023 is the statutory auditor.