MRUDULA A. PHADKE Vs. VAIDYA PRABHAKAR SHIVRAM PAWAR

JUDGEMENT

(1.) By the present Petition, the Petitioners have invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Criminal Procedure Code, 1973 (for brevity to be referred as "Cr.P.C.") and thereby prayed to quash and set aside criminal proceedings bearing STC No. 170 of 2006 instituted by present Respondent No. 1 for the offence punishable under Sec. 500 and 501 read with sec. 34 of the Indian Penal Code, 1860 (for brevity to be referred as "IPC"). Consequently prayed to quash and set aside order of issuance of process passed by the learned Judicial Magistrate First Class, Court No.4, Ahmednagar, on 14/5/2009.

(2.) Present Petitioners are the original accused Nos. 1 to 4 and present Respondent No.1 is the original complainant in STC No. 170 of 2006. (For the sake of brevity, hereinafter, parties to the present petition would be referred in their original capacity as "complainant" and "accused"). On 24/6/2009, this Court issued Rule. Today, the matter is heard finally.

(3.) The complainant instituted a criminal complaint bearing STC No. 170 of 2006 alleging that, he is working as a Lecturer. He was Head of the Department at Gangadhar Shastri Gune Ayurved Mahavidyala, Ahmednagar. Being head of the department, he was elected as a Member of Board of Studies. He was also elected as a Member of Faculty. Subsequently, he was elected as Dean of Faculty of Ayurved. Being Dean of Ayurved Faculty, he was also the Senate Member of Maharashtra University of Health Sciences (MUHS). The Accused No.1 is the Vice Chancellor of MUHS. The Accused No.2 is the Registrar of MUHS. Accused No. 3 was a Senate Member at the time of commission of offence. Previously, the Accused No.4 was a Senate Member.