PARVIN BEGUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of both the sides, the matter is heard finally.

(2.) By the present Petition, under Article 227 of the Constitution of India, the Petitioners take exception to the order dtd. 29/6/2024, passed below Exh.180 in R.C.C. No.370 of 2009 by the learned Judicial Magistrate First Class, Mudkhed, thereby permitted the prosecution to re-examine the witness PW-3 to prove the documents i.e. Articles 1 to 101 enlisted in Exh.147.

(3.) Mr. Gangakhedkar, the learned counsel for the Petitioners canvassed that, on 26/10/2007, the informant Haibati Rakhmaji Mandave lodged a report alleging that, the Petitioner No.3, Abdul Rashid Khan S/o. Pasha Khan was working as EDMC in Mudkhed Post Office. The Petitioner No. 2, Zohra Begum Abdul Rashid Khan was appointed as a Women Regional Savings Agent under the scheme of 'Mahila Pradhan Kshetriya Bachat Yojana' as per licence No.NND1404, granted by the District Magistrate, Nanded on 29/8/1994. As per said scheme, the petitioner No. 2, has to collect recurring deposits from the account holders and she required to deposit the said collected amount with the Post Office in the accounts of the recurring depositors and to make entries. The post office had issued passbooks to recurring depositors. It is further alleged that, during the period starting from 9/2/2004 to 28/8/2006, the Petitioner No. 2, Johra Begum Abdul Rashid Khan and the Petitioner No. 3, Abdul Khan collected huge amount being Agents and signed the cards in Urdu, but they did not deposit the said amount in the Post Office and thereby misappropriated huge amount of the depositors and cheated them. It is further alleged that, the accused Nos. 2 and 3 are husband and wife. Both have retained the passbooks of the depositors with them. The Petitioner No. 3, Abdul Khan appointed himself as the Authorized person and forged documents for withdrawing money and got sanctioned the amount with interest from Shri Ashok Narhar Doke, the then Sub Post Master. The Petitioner No. 3 withdrawn the entire amount with interest and misappropriated the same and closed R.D. accounts of the depositers.