RAM S/O BABURAO SHINDE Vs. STATE OF MAHARASHTRA (COPY TO BE SERVED UPON GP HIGH COURT BENCH AT AURANGABAD)

JUDGEMENT

(1.) The aforesaid proceedings are arisen out of the first information report and the complaint filed in respect of the same incident, therefore, the above applications and writ petition are taken together for its disposal. The Criminal Application No.4144/2009 is filed by three applicants challenging the first information report No.306/2009 registered in Police Station Mukundwadi for the offence punishable under Section 420, 406, 154 read with Section 34 of the Indian Penal Code and Section 3 (i) (x) and 2 (v) (11) of S.C. and S.T. (Prevention of Atrocities Act). The Criminal Application No.3304/2010 is filed by the twelve applicants including the applicants in Criminal Application No.4144/2009 challenging the proceedings of R.C.C. No.196/2010 filed by complainant Sujitkumar pending on the file of Judicial Magistrate, First Class, Railway at Aurangabad and Criminal Writ Petition No.630/2011 is filed by the twelve petitioners challenging the MCOCA complaint No. 3/2011 filed by complainant Sujitkumar and Sharda challenging the order dated 14.07.2011 passed by the Special Judge, MCOCA, Aurangabad.

(2.) The complainant namely Sharda lodged a complaint to the Police Station Mukundwadi on 15.10.2009 alleging that the applicants and the complainant - Sharda are the members of High Court Employees Flat Owners Cooperative Housing Society Ltd. N4, Aurangabad (herein after referred as Housing Society). Its President is one Ramrao Baburao Shinde and Secretary is Mahadev Laxman Ghule.

(3.) On 001.2006, the complainant - Sharda, deposited an amount of Rs. 50,000/ for the membership of the aforesaid Housing Society. On 15.02.2006 again she paid an amount of Rs. 2,00,000/ by a cheque.