BAJIRAO BALIRAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned A.P.P. waives service for the respondent no.1. Learned advocate Mr. A.D. Khot h/f. P.D. Bachate waives service for the respondent no.2. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) In this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is praying for quashing and setting aside of the order of issuance of process for the offences punishable under Sections 406, 409, 420, 465 and 471 of the Indian Penal Code passed by the learned Judicial Magistrate First Class, Nandurbar in Criminal Misc. Application No.132 of 2015 dated 04.04.2018 and the order confirming it passed by the learned Sessions Judge, Nandurbar in Criminal Revision Application No.07 of 2018 dated 15.10.2018.

(3.) The respondent no.2 filed a private complaint under Section 200 of the Code of Criminal Procedure against the petitioner alleging that the former was the Chairman of an education society which was running a school for mentally challenged children. The petitioner was the Headmaster of the school. It was alleged that in connivance with the concerned Social Welfare Officer of Nandurbar the petitioner indulged in forgery and without seeking prior approval from the education society lodged false salary bills claiming benefit of the State Government Resolution dated 06.08.2002 and claimed one step promotion for himself and other staff members of the school and misappropriated government money, when he knew that the said Government Resolution was not applicable to him and the other staff members.