Shamsher Balram Talwar v. The State Of Maharashtra

58.wp5899.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5899 OF 2018 Mr. Shamsher Balram Talwar.

...Petitioner.

Versus

The State of Maharashtra.

...Respondent.

Mr. A.M. Saraogi, advocate for petitioner.

Smt. S.D. Shinde, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 4, 2019.

P.C.:

Two grievances, one in relation to hijacking of the administration of educational institution and the other in relation to the misappropriation of funds of educational institution were placed before the Inspector in charge of Antop Hill Police Station vide complaint dated 21/12/2018.

Limited grievance before us is that some action on that complaint was expected. With the assistance of learned Counsel, we perused the complaint. It appears that by filing some consent terms in Writ Petition No. 1846/2017 before this Court, orders have been obtained Talwalkar

58.wp5899.18.doc and on the basis of that orders, the petitioner claimed that they have been ousted. The contention is that this Court(then) was misled and correct party was not pointed out. Grievance of this nature needs to be presented to this Court in appropriate jurisdiction.

In so far as, alleged misappropriation is concerned, apart from the fact that amount of Rs. 100/- per student has been collected. The other contention is withdrawal of amount of Rs. 8 Crores or more by new management. The grievance of this nature must first be made before the Charity Commissioner, so as to enable that authority to apply its mind. Learned Counsel for the petitioner states that that office is already approached and the matter is going on.

In this situation, with liberty to petitioner raise that grievance at appropriate stage after necessary facts crystallise, we dispose of the present petition.

(SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar