NARAYAN SAMBHAJI SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A Complaint was field against three persons by the Assistant Registrar, Co-operative societies, Aurangabad, on 21-3-1974 in the Kirana chawdi Police Station, Aurangabad, for offences of misappropriation, preparing false records, etc. Pursuant to the complaint filed charge sheet came to be field in the Court against the petitioner and four others, alleging to have committed offences under sections 409, 420, 477, 477-A, 201 and 120-B of the Indian Penal Code. The petitioner who was the Auditor working with the Co-operation department of the Government of Maharashtra, was made accused No. 3, on the allegation that though the petitioner was not authorised to do the audit of the society, has done the audit of the society, to help the other accused persons Further, even though there was an order for attachment of the record, the petitioner, being the auditor flouted those orders and did the audit work and submitted false report intentionally. So also the petitioner, as also other accused persons, helped each other in destroying some of the record of the society .So that documentary evidence should not be available against the accused persons. The complaint was field after investigation by the authorities and on the allegation that all the accused persons, including the petitioner, have defrauded the society to the extent of more than Rs. 15,00,000 but in the investigation, it was found that they have misappropriated the amounts of the society to the extent of more then Rs. 2,54, 000. On the basis of these allegations, the petitioner and four others were charged for committing offence under the sections mentioned above.

(2.) The present petition is filed by the petitioner for quashing the proceedings in case bearing R.C.C No. 5545 of 1976, pending before the Chief Judicial Magistrate, Aurangabad, on the ground that though the charge was framed on 18-4 -1979, since then, the matter is fixed for evidence, but till today, not a single witness is examined.

(3.) The petitioner also contends that he has retired on 31st August, 1985 and that since then the petitioner is getting only provisional pension per month, as the trial is still pending against him for final adjudication. He also avers that no other retirement benefits are given to him. One more fact is also mentioned in the petition that petitioner has suffered financially and has also suffered mental agony for last two years. Because of the tensions, the petitioner had already sustained heart attack, apart from the fact that stigma of being undertrial prisoner continues against him for over ten years.