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1969 Supreme(Bom) 82

B.N.DESHMUKH
STATE OF MAHARASHTRA – Appellant
Versus
B. D. KHOBRAGADE – Respondent


JUDGMENT - These are the four criminal trials initiated by the Assistant Charity Commissioner, Nagpur, against the members of the Managing Committee of "Sidhartha Shikshan Sahayak Sanstha, Chandrapur". All the four prosecutions relate to the breach of sections 32 and 33 (2) of the Bombay Public Trusts Act, 1950, that is not getting the accounts audited annually in the manner prescribed by the Rules from a Chartered Accountant within the meaning of the Chartered Accountants Act or such person as may be authorised in this behalf by the State Government. Each case relates to a different year. All the four prosecutions have been initiated on complaints filed by the Assistant Charity Commissioner at Nagpur. For filing these complaints, the Assistant Charity Commissioner relied upon a sanction granted by Joint Charity Commissioner, Bombay.

2. Prosecution led its evidence and the witnesses were cross-examined. The accused persons were also examined under section 342 of the Criminal Procedure Code. At that stage, instead of pronouncing a judgment on merits, the learned trial Judge by his order dated 31st January 1968 dropped all these proceedings under section 249 of the Criminal Procedure













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