DEVENDRA MURARI PISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure is for quashing and setting aside the impugned order dtd. 26/10/2023 passed by learned Sessions Judge, Chandrapur and the impugned order dtd. 19/12/2020 passed by learned Judicial Magistrate First Class, Bramhapuri rejecting the discharge application.

(2.) Facts necessary for disposal of the application are as under:

(3.) Due to grudges, said Raghuvir Somaji Bawankule made complaint against the applicant to the Sub ivisional Officer at Bramhapuri alleging that the applicant has prepared the forged documents for starting New Engineering College at Bhetada, taluka Bramhapuri, district Chandrapur. One FIR was registered against the applicant vide Crime No.335/2017 under Ss. 420, 468, and 471 read with 34 of the IPC. Subsequently, the AICTE and the Government of Maharashtra withdrew the approval granted to the College. After completion of investigation, chargesheet is submitted against the applicant and other office bearers and Regular Criminal Case No.28/2018 was registered which is pending before learned JMFC at Bramhapuri. During pendency of the said case, the applicant has filed an application for discharge. Learned JMFC at Bramhapuri rejected the discharge application on 19/12/2020. The said order was challenged before the Sessions Court at Chandrapur. Learned Sessions Judge at Chandrapur also rejected the application by dismissing Criminal Revision Application No.2/2021 by order dtd. 26/10/2023 Hence, this application.