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2014 Supreme(Bom) 284

MRIDULA BHATKAR
Krishna Appaya Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A.H.H. Ponda a/w B.K. Barve, Archana Lad, Manisha Mahavarkar, Jayesh More i/b M/s. B.K. Barve & Co., R.G. Mercant i/b S.A. Vaidya, S.D. Rupwate i/b S.J. Parad, V.B. Konde-Deshmukh, APP, Hanumant Darekar, P.I., Azad Maidan, Advocates.

Judgment

1. The applicant-accused has filed the application for anticipatory bail under section 438 of the Cr.P.C. The Complainant Dr.Manjusha Subash Mulavane, Joint Director of Higher Education, Mumbai, has filed this complaint against the applicant/accused. Pursuant to the said information, the offence was registered at Special Case No.7 of 2013 under section 7 of The Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 (for short, hereinafter referred to as 'Act'). The applicant/accused was working as a Principal of Siddharth College of Commerce and Economics (for short, hereinafter referred to as `College'). It is the case of the prosecution that when the applicant/accused was holding the post of the Principal of the College, he demanded and collected fee for the year 2012-2013 illegally exceeding the scheduled fee under the Act. It is the case of the prosecution that the applicant/accused has collected an excess amount of Rs.2,970/- from each student. Thus, a total amount of Rs.50,40,000/- was collected by the applicant/accused, illegally.

2. Two applications were moved by the aggrieved persons claiming to be the complainants. One application was moved

















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