Dilip S/O Sakharam Danekar And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:6638-DB 1 cri wp 304.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 304 OF 2024 Dilip Sakharam Danekar and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Angad L. Kande, Advocate for the Petitioners. Shri M. M. Nerlikar, Addl.P.P. for the Respondents/State. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 26 MARCH 2024.

FINAL ORDER :

.

Heard learned advocate for the petitioners as also the learned Additional Public Prosecutor.

2.

The petitioners are seeking following directions : "B] By issuing appropriate writ, order or directions to the respondents No. 1 to 5 to take criminal action against respondent no.6 in the light of enquiry report submitted by Crime Investigation Department (CID) of Maharashtra State in respect of the complaint moved by petitioner no.1 regarding illegal diversion of the Government funds in the National Education Society and Pragati Education Society of respondent no.6, which fund was sanctioned for the construction of Public Halls for the village of Ambhai, Andhari, Fardapur and Soygaon, Tq. Sillod, Dist. Aurangabad from MLA Fund and regards for committing

2 cri wp 304.24 the embezzlement of Government money."

3.

It transpires that the matter has been under active consideration of the respondent No. 1/Principal Secretary, Home Department. Even opinion of the learned Advocate General was solicited and received. The petitioners have been informed about such state of affairs. If that is so, since the matter is awaiting further course/decision since last more than three years, we deem it appropriate to issue necessary direction to the respondent No. 1 so that the enquiry can be taken to the logical end. 4.

We dispose of the criminal writ petition by directing the State Government/the respondent No. 1-Principal Secretary, Home Department, Mantralaya, Mumbai to take appropriate decision on the grievance being made by the petitioners on the basis of report of the CID and in the light of opinion expressed by the learned Advocate General, as expeditiously as possible and in any case within a period of eight (08) weeks from today. The decision to be taken shall be communicated to the petitioners. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/March24