BHIMRAO PARVATRAO PATIL Vs. BABURAO GOVINDRAO SHINDE

JUDGEMENT

(1.) HEARD Mr.Pradhan, learned counsel for the petitioners and Mr.Mhaispurkar, A.P.P. for State.

(2.) THIS writ Petition is filed against the process issued by the learned J.M.F.C., Tasgaon against the petitioners in R.C.C.No.96/90 on 10.5.90.

(3.) HAVING gone through the record and proceedings of this case, the alleged offence are punishable under sections 406, 409, 420 read with section 34 of I.P.C. and under section 120B of I.P.C. Apparently, no ingredients of breach of trust have been committed and no offence is constituted on the mere vague allegations in the complaint. Because of the financial crises, the directors had wound up the said society and sole the property in the open market. Therefore, no conviction can be based on such allegations and the process issued is an abuse of power which requires to be quashed and set aside.