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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH : NAGPUR
NITIN JAMDAR, ANIL L. PANSARE, JJ.
Vinod Sahebrao Pandhare - Appellant
Versus
The State of Maharashtra - Respondent
Criminal Application (Apl) No.599 to 603 of 2020
Decided on : 24-02-2022
Indian Penal Code, 1860 - Sections 406, 408 and 420 r/w 34 - Code of Criminal Procedure, 1973 - Section 482 - Prevention of Money Laundering Act, 2002 - Section 45(1) - Misappropriate funds of Trust – Cheating - Educational institutions – Quashment of First Information Report - Whether it can be said that there is no cognizable offence disclosed and that no further investigation is necessary and, therefore, the FIR needs to be quashed and/or whether the FIR can be quashed on premise that it is filed to wreak vendetta and is mala fide - Complainant stated that these persons misused the important documents of Trust and misappropriated amounts. It was stated that their activities substantially impacted the financial health of the Trust and, therefore, Respondent No.2-Complainant, who is President of Trust, established an Enquiry Committee, which called for all the details from Ashok, but he did not give satisfactory answers. It was further stated that applicant and others threatened Office Bearers of Trust that they would be implicated in a false case if the information was given to the Police or any other person. Respondent No.2- Complainant also made allegations against Accountant of Trust.
Finding of the Court :
Applicant was in-charge of the affairs of the Trust. Other Applicants have been shown as connected with him. The Trust in question conducted various Colleges, which were grant-in-aid, and public money was received. The Investigating Agency has stated that money was siphoned off from the Accounts of the Trust on cash withdrawal. Applicant and others are alleged to have deposits in their personal Accounts and have substantial properties. Therefore, at this stage, when the investigation is in progress, and all facts are not before the Court, the Court will have to allow the Police Authorities to carry on the investigation as cognizable offences stand disclosed - once we have concluded that FIR discloses cognizable offence and that investigation into this crime is necessary, and no case is made out for exercise of power under Section 482 of Code, then direction that no coercive steps be taken cannot be continued - Applicants have a remedy to apply for anticipatory bail under Section 438 of Code, and if court is satisfied, Applicants can be released on anticipatory bail and, therefore, Applicants are not remediless - To conclude, no case is made out by Applicants to quash concerned FIR - It is clarified that observations made in this judgment are in context of ascertaining whether there is any case made out for exercise of power under Section 482 of Code.
Result: Applications are dismissed.
JUDGMENT
NITIN JAMDAR, J.
These criminal applications arise from the same First Information Report, and they have been argued together and as they involve common questions of facts and law, they are being disposed of by this common judgment.
2. The Applicants in these Applications are accused in First Information Report No.389/2020 lodged at Police Station, Risod, District Washim. The First Information Report is lodged by the Respondent No.2-Complainant under Sections 406, 408 and 420, read with Section 34 of the Indian Penal Code. The FIR is in respect of the affairs of Janshikshan Sanstha, Washim and Mahila Utkarsh Pratisthan, Risod of which the Respondent no.2-Complainant is the chairperson, which runs various educational institutions.
3. Applicant Vinod Pandhare in Criminal Application No.599/2020 was working as an Office Superintendent in a D-Pharma College.
4. Applicant Santosh Somani in Criminal Application No.600/2020 was working as an Accountant in the Ayurved College, Hospital and Research Centre run by the Mahila Utkarsh Pratishthan, which runs B.A.M.S. Courses.
5. Applicant Bharat Deogire in Criminal Application No.601/2020 is related to Ashok Gandole - Applicant in Criminal Application No.602/2020 and is the brother of the wife of Ashok Gandole. This Applicant was also a Director in Mahila Utkarsh Pratishthan.
6. The Applicants in Criminal Application No.602/2020 are connected with each other. Applicant No.1 Ashok Gandole worked as a Secretary in Mahila Utkarsha Pratishthan from 11 October 2003 to June 2019. Applicant No.2 Varsha Helaskar is his wife, who was Vice President. Applicant No.3 Ganesh Dhole is the brother of Applicant No.2 Varsha and Joint Secretary. Applicant No.4 Aruna Halge is the niece of Applicant No.1 Ashok Gandole. Applicant No.5 Shakuntala is sister of Applicant No.1 Ashok Gandole. Applicant No.6 Mahesh Deogire and Applicant No.7 Haribhau Deogire are brothers-in-law of Applicant No.1 Ashok Gandole. Applicant No.8 Madhukar Helaskar and Applicant No.9 Uddhav Gandole are brothers of Applicant No.1 Ashok Gandole. Applicant No.10 Samadhan Helaskar is son of Applicant No.8 Madhukar Helaskar. Applicant No.11 Santosh Helaskar is the son of Applicant No.9 Uddhav Gandole. Applicant No.12 Upendra Mule is a Chartered Accountant, and Applicant No.13 Dinesh Dorsetwar was working as a Driver in the Institute. According to the Respondents, Applicant Nos.1 and 2 have used surnames at different places, such as Gandole, Helaskar and Mahajan.
7. Applicant Dhananjay Halge in Criminal Application No.603/2020 is related to Ashok Gandole and was working as a Printing Unit In-charge in Janshikshan Sanstha, Washim. He was appointed by Ashok Gandole and was also Director in Mahila Utkarsh Pratisthan.
8. Respondent No.2 made a complaint to Police Station, Risod, on 2 February 2020, based on which the FIR came to be lodged on 12 May 2020. The FIR was lodged against various persons. It was stated by Respondent No.2-Complainant that the Complainant is President of Janshikshan Sanstha, Washim and Mahilla Utkarsh Pratisthan, Risod. It was stated that Ashok Gandole is Secretary of the Trust, who, along with Upendra Mule and others named in the FIR, conspired to misappropriate the funds of the Trust to the tune of Rs.18,18,40,867/-. It was also stated that on 7 July 2019, in the morning, Ashok Gandole and others went to the Office of the Trust without taking any permission and taking one Bhagwat Chhagan Pedhe into confidence, took away cash of Rs.7,00,00,000/-and certain important documents, such as Registration Certificate, etc. and threatened Bhagwat Chhagan Pedhe. Ashok Gandole was accompanied by Varsha Helaskar, Dinesh Dorsetwar, Bharat Deogire, Mahesh Deogire and other unknown persons. It was further stated that Ashok Gandole was working as a Secretary, and before he resigned, he misappropriated the amount of Rs.9,92,01,067 from Ayurvedic BAMS College, Risod, which was run by Mahila Utkarsha Pratisthan, Risod. The Complainant gave d
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