MAROTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocates for the respective parties at length. By consent of the parties, taken up for final disposal.

(2.) At the outset, the learned Advocate for the petitioner submits that he could not carry out an amendment by deleting the petitioner no.1 pursuant to order dtd. 1/2/2023. He prays for leave to delete the petitioner no.1 forthwith. Leave is granted. Amendment to be carried out forthwith.

(3.) The petitioner is an accused in the offence registered on the basis of FIR lodged by one Ashok Bharatrao Kamble, an Auditor, who conducted audit of one Yeshwant Co-operative Housing Society, Udgir. The FIR was registered on 8/3/2014 bearing FIR No.16/2014. The allegation against the accused no.1 is that while acting as administrator, she had kept the record with herself and has committed misappropriation as per the particulars given in the FIR. Against these petitioners, the allegation is that they approved the expenses with connivance with accused no.1. On the basis of crime, the investigation was conducted and charge-sheet was also filed. All the accused persons filed an application for discharge under Sec. 239 of the Code of Criminal Procedure. The learned trial Judge by considering the material prima-facie recorded that a case is made out against accused to proceed with the prosecution.