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2017 Supreme(Bom) 291

S.S.SHINDE, K.K.SONAWANE
Sopan s/o Angadrao Akele – Appellant
Versus
State of Maharashtra, Through the Police Station Officer – Respondent


Advocates Appeared:
For the Applicant : Mr. M.S. Deshmukh, Mr. U.L. Momale
For the Respondent: Mr. P.G. Borade, Mr. A.R. Nikam

JUDGMENT :

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Application is filed by the Applicant praying therein to quash and set aside the First Information Report No.137 of 2016 registered against him on 5th July 2016 at Udgir (City) Police Station for the offence punishable under Section 306 of the Indian Penal Code.

3. It is the case of the Applicant that he is presently working as Block Development Officer at Deoni Panchayat Samitee, DistrictLatur. Deceased Vivekanand Yuvraj Shirse was working as junior clerk at Deoni Panchayat Samitee. During his service tenure at Udgir, Vivekanand Shirse (deceased) was found guilty for misappropriation of amount of Rs.53,204/-. Therefore, the Chief Executive Officer, Zilla Parishad, Latur initiated departmental enquiry against Vivekanand Shirse. Thereafter Vivekanand Shirse filed various leave applications from time to time and remained absent from duties. As Vivekanand Shirse was continuously availing leave and remaining absent from duties, the Applicant, on 29th June 2016, issued showcause notice to Vivekanand Shirse as to why action should not































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