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1986 Supreme(Bom) 195

B.G.DEO
Shriram Krishnappa Asegaonkar – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - B.G. DEO, J.:---This is an application under section 482, Cri.P.C. for quashing the process issued by the Judicial Magistrate, Pusad against the applicant for the offences punishable under sections 420, 468, 477-A read with section 109, I.P.C. on 25-2-1985 on a complaint lodged by non-applicant No. 2-Satish Bayas. The impugned order reads thus:

"On perusal of the certified copies of the judgments of Divisional Joint Registrar dated 9-8-1979 a copy of High Court Order dated 20-10-1979, there appears prima facie case against the accused person. Hence I pass the following order :

Order

"Register case under sections 420, 468, 477-A read with section 109 of I.P.C. Issue process of P.F. Return on 15-6-1984".

2. Applicant Shriram Asegaonkar is the original accused No. 1 while one V.S. Kale, Secretary, Vividha Karyakari Sahkari Society, Sawargaon, District Yavatmal is the original accused No. 2 who has not challenged the order of issue of process against himself and the applicant.

3. Briefly stated the facts alleged are as follows :

4. The accused applicant who is quite an influential person in the co-operative field, got himself elected as a Member, Director of the Board of Directors
















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