RAMKRUSHNA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present Writ Petition, the petitioners are questioning the correctness of the judgment and order, passed by the learned Additional Sessions Judge, Osmanabad in Criminal Revision Application No. 66 of 2010, dated 5.10.2011, by which the learned Additional Sessions Judge, Osmanabad was pleased to dismiss the Revision filed by the present petitioners.

(2.) A change was reported to the Assistant Charity Commissioner, Osmanabad under Section 22 of the Bombay Public Trust Act, 1950. The said change was registered as Change Report No. 41 of 2004. The said report, before the Assistant Charity Commissioner, shows that 11 members were shown as incoming trustees. The names of the present petitioners were shown as Secretary and Joint Secretary as incoming trustees. According to the petitioners, the said inquiry report was submitted in view of the proceedings of the General Body Meeting of the Trust, dated 14.12.2003. The name of the present respondent No. 2 amongst others was shown as outgoing trustee.

(3.) ACCORDING to the complainant, it was obligatory on the part of the Assistant Charity Commissioner to hold an inquiry and notice ought to have been given to the outgoing trustees, however, the petitioners in collusion with each other, in order to show that there is no necessity of issuing notice to respondent No. 2/complainant and others, purchased two stamp papers of Rs. 20A in the name of respondent No. 2 and Dnyandeo Bhosale, who is cited as one of the witness in the complaint and got typed the following matter on the said stamp papers.