Arvind S/O. Nursing Pawar v. The State Of Maharashtra And ANR.
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6251 OF 2015 Govind s/o Alasing Pawar Applicant
Versus
1 State of Maharashtra, 2 Mohan s/o Jagu Aade Respondents Mr.B.N.Magar, advocate for the applicant.
Mr.K.S.Patil, APP for Respondent No.1.
WITH CRIMINAL APPLICATION NO.6503 OF 2015 Arvind s/o Narsing Pawar Applicant
Versus
1 State of Maharashtra, 2 Mohan s/o Jagu Aade Respondents Mr.B.N.Magar, advocate for the applicant.
Mr.K.S.Patil, APP for Respondent No.1.
WITH CRIMINAL APPLICATION NO.6900 OF 2015 Satish s/o Limbaji Jadhav Applicant
Versus
1 State of Maharashtra, 2 Mohan s/o Jagu Aade Respondents Mr.R.A.Shedge, advocate for the applicant.
{2} Mr.K.S.Patil, APP for Respondent No.1.
CORAM : R.M.BORDE & K.L.WADANE, JJ.
DATE : 21st April, 2016 PER COURT:
Heard.
These are applications presented by the applicants, who are Police Patil, Sarpanch of the village and Panel Technical Officer working under Mahatma Gandhi National Rural Employment Guarantee Scheme, seeking to quash criminal proceedings initiated in pursuance to lodging of First Information Report, being CR. No.41/2015 for the offence punishable under Sections 420, 406, 409, 468, 471 read with Section 34 of the Indian Penal Code, registered with Police Station Sindkheda, Tq.Mahur, on 10.10.2015.
The allegations in the First Information Report relates to misappropriation of funds liable to be distributed to the workers employed under the Mahatma Gandhi National Rural Employment Guarantee Scheme. It is alleged that on preparation of false record, financial benefits have been derived by the accused named in the First Information Report.
Prima facie, on perusal of First Information Report, it is clear that offence is made out. Without going into merits and demerits of the matter, at this stage, since the First Information Report reveals commission of offence, criminal proceedings need not be quashed. Apart from this, it has been pointed out that most
{3} of the family members of the accused have been cited as workers and they have derived benefits under the MANREGA Scheme. The investigation is yet to be completed. If, at all, nothing turns out during investigation, it would be open for the applicants to apply for discharge at an appropriate stage. However, the investigation shall not be stalled at this stage since commission of cognizable offence has been revealed in the First Information Report. Criminal Applications are devoid of substance. Criminal Applications No.6251/2015, 6503/2015 and 6900/2015 are dismissed.
K.L.WADANE R.M.BORDE JUDGE JUDGE adb/crappln625115