JUDGMENT :

Vibha Kankanwadi, J.

The applicants by invoking the inherent powers of this Court under Section 482 of Code of Criminal Procedure have prayed for quashing of First Information Report (hereinafter referred to as "FIR") lodged against them at the instance of respondent No. 2.

2. The factual matrix leading to the application are that, the respondent No. 2- original applicant filed Misc. Criminal Application No. 34 of 2017 before learned Judicial Magistrate, First Class, Kandhar District Nanded contending that the present applicants have committed offence punishable under Section 420, 467, 468, 471 read with 34 of the Indian Penal Code, and it should be sent for investigation under provisions of Section 156 (3) of Cr. P. C. . Consequent to the order passed by the learned Magistrate, FIR was registered vide Crime No. 120 of 2017 on 19-05-2017 with Kandhar Police Station Dist. Nanded for the said offences.

3. It is contended by the present applicants further that, they are working as trustees of the trust called "Janakalyan Vikas Mandal, Pethwadaj Tq. Kandhar Dist. Nanded." By amending object of the trust it was resolved that the trust will work for upliftment of the minority elements of the society. The amendment was submitted to the Assistant Charity Commissioner for its approval.

The learned Assistant Charity Commissioner by his order dated 03-09-2010 approved the change in the bylaws of the trust. In the light of Government Resolution - 2007, when a trust belonging to the Scheduled Caste comprises 1/3rd of such community then the trust can enjoy the status of minority trust. Accordingly the Additional Chief Secretary, Department of Minority Development, State of Maharashtra issued such certificate and granted the status of minority trust to the said trust on 13-06-2011. A general body meeting of the trustees was held on 11-06-2016. A change report in respect of the agenda that was discussed, was submitted to Deputy Charity Commissioner, Nanded Region on 15-06-2016. Notices were issued to all the concerned stakeholders including respondent No. 2 regarding the submission of said proposal regarding the change of report. Respondent No. 2, though duly served with the notice, did not cause his appearance. Consequently the inquiry proceeded without his say and order to that effect has been passed by learned Deputy Charity Commissioner, Nanded on 16-01-2017.

4. The present respondent No. 2 and other two members of the executive committee had presented a complaint bearing complaint No. 529 of 2016, before learned Deputy Charity Commissioner against the present applicants on 09-06-2016 seeking permission to present proceedings under Section 51 of the Bombay Public Trust Act contending that the present applicants have prepared bogus document and obtained bogus signatures. It was their prayer that, criminal complaint be initiated or they be allowed to initiate criminal proceedings against applicants. The said application was rejected by learned Deputy Charity Commissioner by his order dated 09-06-2016.

5. Having failed in the said complaint No. 529 of 2016 and after realizing that his name has been deleted from the executive trustee, the complainant filed the said private complaint before learned Judicial Magistrate First Class, taking recourse under Section 156 (3) of Cr. P. C. It has been contended that, the basis for such recourse is totally unfounded and imaginary, it is a frivolous prosecution. The learned Magistrate while handing over the investigation, had not adhered to the ratio laid down in case of Priyanka Shrivastava and Another Vs. State of Uttar Pradesh and Others, (2015) 6 SCC 287. Therefore, it is submitted that the said order is bad in law and therefore the FIR which has been consequently registered deserves to be quashed and set aside.

6. Heard Mr. S. S. Deshmukh, learned counsel appearing for applicants, learned Addl. Public Prosecutor Ms. P. V. Diggikar for State-respondent No. 1 and Mr. S. S. Choudhari, learned couns