GOROBA VITTHAL AAVACHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of parties heard finally.

(2.) The present criminal application filed under Sec. 482 of Cr.P.C., praying for quashing of FIR No. 412 of 2023 registered with Anandnagar Police Station, District Usmanabad for offences punishable under Sec. 166, 409 read with 34 of Indian Penal Code (IPC). The applicant seeks quashing of the said FIR primarily on the ground that he was merely a Clerk working in the Nagar Parishad Dharashiv and had no role or authority in sanctioning or approving the Gunthewari (regularization proposals), alleged to have been irregularly approved, resulting in alleged misappropriation of public funds.

(3.) The prosecution case in brief is that the informant Manoj Dattatreya Kalure, who is working as Planning Assistant at Nagar Parishad Dharashiv have lodged the FIR stating that on 2 nd December, 2023 stating that the stating that during the tenure of Shri Hari Kalyan Yalgate, Chief Officer of Nagar Parishad Dharashiv, several Gunthewari proposals were sanctioned in contravention of prescribed rules leading to large scale of misappropriation of public funds. It is further alleged that on 25/7/2023, the Collector, Dharashiv constituted an inquiry Committee under the Chairmanship of Shri Muravkar, Assistant Director, Town Planning Department, Dharashiv. The said Committee after scrutiny of available records submitted a report on 26/9/2023 to the Collector opining that irregularities and misappropriation had indeed taken place in the sanctioning of Gunthewari proposals. Acting upon the said report, the collector called for written explanations from the concerned officials and further directed that a criminal offence be registered under Sec. 166 and 409 of IPC. Pursuant thereto, the present FIR came to be lodged against Shri Vidhate, Shri Kawde, the present applicant, and Shri Hari Kalyan Yalgate alleging collective involvement in the financial irregularities while handling the proposal of Gunthewari.