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2017 Supreme(Bom) 576

S.S.SHINDE, K.K.SONAWANE
S. P. Bodkhe – Appellant
Versus
State of Maharashtra, through Jamner Police Station – Respondent


Advocates Appeared:
For the Applicant : Mr. K.D. Bade Patil.
For the Respondents: Mr. A.B. Girase and Mr. Sandeep Mundhe.

JUDGMENT :

K.K. SONAWANE, J.

1. Rule. Rule made returnable forthwith. Heard finally, with consent of the parties.

2. This petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) read with Article 226 of the Constitution of India with following prayer:

“(B). To quash and set aside the order passed by the Ld. Judicial Magistrate First Class, Jamner, District Jalgaon in Misc. Criminal application No. 148/2016 dated 7.6.2016 u/sec. 156(3) of Cr.P.C. And also quash and set aside the F.I.R. Bearing No. 83/2016 registered at Jamner Police Station dated 13.6.2016 against the petitioners.”

3. The learned counsel appearing for the petitioners vehemently submitted that the Government of Maharashtra promulgated the scheme/project known as “Swajal Dhara” for supply of water to the rural area. The scheme was made applicable to the village Maldabhadi Tq. Jamner, District Jalgaon under Bharat Nirman programme of Government of India. The estimated cost of the scheme was at Rs. 24,87,592/-. The concerned authority of Zilla Parishad, Jalgaon accorded technical sanct












































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