SACHIN NAGORAO ANNAPURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed by original accused for quashing First Information Report (FIR) and the entire proceedings in STC No. 828 of 2012 against him, by invoking powers of this Court under Sec. 482 of Code of Criminal Procedure.

(2.) Petitioner has come with a case that one Devanand Trimbakrao Patil is serving in Zilla Parishad, Jalna. He has filed FIR with Jalna Police Station on 01-12-2011 stating that present petitioner and other 9 persons were absent when the training program was undertaken between 20-11-2011 to 27-11-2011 at Zilla Parishad, Jalna. The said training program was in respect of general elections scheduled to be held. It has been alleged that the present petitioner and other accused persons have failed to discharge their official duty, as they remained absent without taking prior permission. Therefore, the FIR was lodged invoking offence punishable under Sec. 31 of Maharashtra Municipal Council (Nagar Panchayat & Industrial Township) Act, 1965 and Sec. 134 of Representation of Peoples' Act, 1951. Offence vide Cr. No. 3068 of 2011 came to be registered on the basis of said FIR.

(3.) After completion of the investigation, charge sheet has been filed. Applicant had filed an application for his discharge at Exh.52. The said application came to be rejected by learned Chief Judicial Magistrate, Jalna on 22-12-2016. Petitioner had challenged the said order in Writ Petition No. 407 of 2017 before this Court; but the said petition has been withdrawn by petitioner on 23-3-2017.