RAJENDRA SAVLA Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code, 1973"), the applicant assails the legality, propriety and correctness of an order dtd. 23/2/2017, passed by the learned Metropolitan Magistrate, 64th Court, Esplanade, Mumbai, whereby process was issued against the applicant and the co-accused Nos. 1 and 3 for the offences punishable under Ss. 420 and 406 read with Sec. 34 of the Indian Penal Code, 1860 ("the Penal Code").

(2.) Shorn of unnecessary details, background facts can be stated as under:-

(3.) The applicant avers that he was posted as a Dean of IIEMS and rendered services without any remuneration. There are no specific allegations of cheating or misappropriation, qua the applicant. The University has proceeded against the applicant on a factually incorrect premise that the applicant and accused No. 3 were Directors/Partners of IIEMS. There is no material to show that the applicant was either a Director or Partner of IIEMS. In fact, the University has recognized the status of the applicant as a Dean of the institute. Therefore, the prosecution of the applicant is an abuse of the process of the Court.