ARUN B VAIDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocates for the petitioner and respondent No. 3 and also A. P. P. for the State of Maharashtra.

(2.) THE petitioner is a Member of the Governing Council of the Indian Education Society and Chairman of the Buildings Committee, a Sub-Committee appointed by the Governing Council. This petition is filed for quashing and setting aside the charge-sheet filed by respondent Nos. 1 and 2 in Case No. CC/10/i and R/91, later numbered as 190/p/97, pending before the Metropolitan Magistrate, 30th Court, Kurla, Mumbai and for other ancillary reliefs. Even though record of the case was bulky, Shri Sabnis, Counsel for the petitioner restricted his arguments only on four points which are subject matter of the charge-sheet and no grievance was made by the Counsel for the respondents regarding those four points.

(3.) THE main allegation against the petitioner in the charge sheet which came to be filed in certain circumstances with which I will deal with later are that the petitioner along with other members of the Governing Council of the Indian Education Society hereinafter called the Society" committed criminal breach of trust and misappropriation of the property belonging to the society. To be specific and precise, those allegations are in respect of (1) Rachana Sansad, (2) Dombivali Sports Club (3) Marol Compound Wall and (4) Mulund School Building. Concerned pages of this complaint and paragraph numbers are as under :