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BOMBAY HIGH COURT
SHRI VISHNU SO SHANKARSA PARALKAR – Appellant
Versus
THE STATE OF MAHARASHTRA DEPARTMENT OF CO OPERATIVE THROUGH IT SECRETARY MANTRALAYA – Respondent
JUDGMENT :
1. The respondent No.11-Vastagulm Urban Co-operative Credit Society Ltd. went in liquidation.
2. As the allegations were in relation to misappropriation of funds by the Directors and employees, this Court on 17th February, 2020 in Criminal Writ Petition Nos.119/2016 and 654/2018 directed the Police Station Officer, Police Station Washim to complete the investigation in relation to complaint which was filed way back by taking the same to its logical end within a period of six months.
3. Further directions are issued to respondent No.5 and the Superintendent of Police, Washim to make available all the relevant record to the Investigating Officer for the purpose of investigation and to co-operate in the matter of investigation.
4. It appears that another Writ Petition No.140/2022 was preferred by the petitioner which came to be disposed of on 8th March, 2023, wherein prayer was for initiation of criminal action and the refund of amount to be deposited by auction in the property of the persons responsible for misappropriation of the funds of respondent No.11-Society.
5. In the said Writ Petition No.140/2022 this Court has recorded the stand of respondent Nos.3 and 6 wherein respo
Non-compliance with court orders can lead to contempt proceedings, emphasizing the necessity of adherence to judicial directives.
The court established that allegations of misappropriation require substantial evidence, and mere confessions or vague audit reports are insufficient to support criminal charges.
Non-registration of a criminal case due to lack of evidence does not constitute contempt of court under the Contempt of Courts Act, limited to willful disobedience of clear court orders.
A party can seek contempt proceedings for willful disobedience of court orders, but compliance must be verified before closure.
Procedural compliance in contempt petitions is essential; absence of required affidavits and specificity renders petitions non-maintainable.
No willful disobedience was found, and therefore, the contempt petition was not maintainable.
The prosecution must establish a prima facie case with grave suspicion against the accused, and the element of mens rea and intention must accompany the culpable act or conduct of the accused.
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