LAWS(BOM)-2017-11-287

RATNAKAR DINKARRAO BOHATE Vs. STATE OF MAHARASHTRA

Decided On November 14, 2017
Ratnakar Dinkarrao Bohate And ... Appellant
V/S
State Of Maharashtra, Thr. Police ... Respondents

JUDGEMENT

(1.) By this application filed under Section 482 of the Code of Criminal Procedure Code, 1973, a challenge is raised to the order dated 6th January, 2012 in Criminal Revision No. 64 of 2010 whereby the said proceedings filed on behalf of the present applicants have been dismissed and the order passed by the learned Magistrate refusing to discharge the applicants has been confirmed.

(2.) Facts, in brief, are that according to the Administrative Officer of the Bhandara District Milk Producers' Co-operative Federation, the present applicants had filed proceedings before the Industrial Court, Bhandara, being ULP No. 82 of 2001. It was stated that a letter dated 9th April, 2007 was received in the matter of filling various posts. In view thereof, as per Resolution No.6 dated 11th April, 2007, it was informed that work should be allotted as per the entitlement of the employees. However, in the proceedings before the Industrial Court, a forged letter was got prepared and filed so as to make a show that, that letter had Outward No. 49/2007 dated 11trh April, 2007. According to the complainant, the signature, seal and outward number was not of the Federation. On that basis, a report came to be lodged on 9th May, 2007. According to the complainant, the applicants herein were in the employment of the Federation and they were responsible for preparation of that document. In view of that report, offence under Sections 468 and 471 read with Section 34 of Indian Penal Code [for short, "the Penal Code "] came to be registered against the applicants.

(3.) The applicants herein moved an application below Exh.13 seeking discharge. This application was rejected by the learned Judicial Magistrate on 20th October, 2010. The Revision Application filed by the applicants was also dismissed. Being aggrieved, the present Application has been filed.