SHRIKANT TARACHAND DIWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Anita Agarwal, learned Counsel appearing for the Applicant, Mr. Prathamesh Deshpande, learned Counsel appearing for the Respondent No.2 and Mr. D. J. Haldankar, learned APP for the Respondent-State.

(2.) By the present Criminal Application, filed under Sec. 482 of the Code of Criminal Procedure, 1973 ("CrPC") the Applicant is challenging the legality and validity of the order dtd. 11/1/2012 issuing process against the Applicant passed by the learned JMFC, Junnar in Criminal Case No.125 of 2008 renumbered as R.C.C. No.7 of 2012. The Applicant is also praying that the consequential actions taken including filing of charge-sheet be quashed and set aside.

(3.) It is the submission of Ms. Aagarwal, learned Counsel appearing for the Applicant that the entire action taken is for the malafide purpose. It is her submission that, on several occasions, the Applicant has been removed from the service of the Respondent No.2 and thereafter he has been directed by the Court to be reinstated and every time he has been denied the relief of reinstatement as immediately the Applicant has been again removed from the service. It is submitted that, finally, when the Applicant was reinstated he had attained age of superannuation and therefore direction was issued to pay him all retirement benefits as well as pension. It is her submission that to deny the said relief false criminal case has been lodged against the Applicant. Ms. Agarwal, learned Counsel submits that the present age of the Applicant is 74 years. She therefore submits that the relief sought in the Application be granted as the criminal case is filed for the malafide and oblique purpose.