KALPANA DHANU KACHRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed by the original accused persons invoking the powers of this Court under Article 226 and 227 of the Constitution of India and the provisions under Section 482 of the Code of Criminal Procedure, 1973, to quash the Summary Criminal Case No. 602 of 2016, filed before learned Judicial Magistrate (First Class), Kannad, District Aurangabad, on the basis of first information report in Crime No. I-90/2016, dated 24.08.2016, registered with Kannad Police Station, District Aurangabad, for offences punishable under Section 420, 467, 468, read with Section 34 of the Indian Penal Code.

(2.) The facts leading to the petition are that a private complaint came to be filed on 12.08.2016 by present respondent no.02 before the learned Judicial Magistrate (F.C.), Kannad, District Aurangabad. In the said complaint, it was alleged that four nurseries were granted to village Garada, Taluka Kannad, District Aurangabad, for the year 2012-13.

(3.) The petitioners have contended that the learned Magistrate has not considered the ratio / guidelines laid down by the Hon'ble Apex Court in Priyanka Srivastava & another Vs. State of U.P. and others, 2015 AIR(SC) 1758. Further, the learned Magistrate did not consider that no prior sanction under Section 197 of the Code of Criminal Procedure to prosecute public servants was obtained before filing the complaint.