Advocates:
['U P DABLE', '', 'ROHAN K JOSHI', 'APP']

Judgment

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1133/2019

CRIMINAL APPLICATION (APL) NO. 1133/2019

1]

1]

Shri Arun Laxman Motghare

Shri Arun Laxman Motghare,,

Aged about 52 years, Occ. Service,

Aged about 52 years, Occ. Service,

2]

2]

Sau. Sujata W/o Arun Motghare

Sau. Sujata W/o Arun Motghare,,

Aged about 50 years, Occ. Household

Aged about 50 years, Occ. Household

Both residents of Plot No. 41,

Both residents of Plot No. 41,

Cosmopolitan Society, Somalwada,

Cosmopolitan Society, Somalwada,

Wardha Road, Nagpur,

Wardha Road, Nagpur,

Tah. & District Nagpur

Tah. & District Nagpur

….

…. APPLICANT(S)

APPLICANT(S)

//

// VERSUS //

VERSUS //

1]

1]

State of Maharashtra

State of Maharashtra,,

Through Police Station Officer,

Through Police Station Officer,

Adyal Police Station, Adyal,

Adyal Police Station, Adyal,

Tah. Pauni, Dist. Bhandara

Tah. Pauni, Dist. Bhandara

2]

2]

Economic Offences Wing

Economic Offences Wing,,

Through Dy. Superintendent

Through Dy. Superintendent

Of Police, Bhandara

Of Police, Bhandara

3]

3]

Ku. Kammu Damodar Meshram

Ku. Kammu Damodar Meshram,,

Aged about 48 years, Occ. Service,

Aged about 48 years, Occ. Service,

R/o. 20, Govind Prabhu Nagar,

R/o. 20, Govind Prabhu Nagar,

Hudkeshwar Road, Nagpur

Hudkeshwar Road, Nagpur

[Asst. Project Director]

[Asst. Project Director]

….

…. NON-APPLICANT(S)

NON-APPLICANT(S)

*******************************************************************

*******************************************************************

Shri U.P. Dable, Advocate for the applicant(s)

Shri U.P. Dable, Advocate for the applicant(s)

Shri T.A. Mirza, APP for the non-applicant/State

Shri T.A. Mirza, APP for the non-applicant/State

*******************************************************************

*******************************************************************

ANSARI

ANSARI

Judgment

Judgment

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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

SEPTEMBER 16, 2021

SEPTEMBER 16, 2021

JUDGMENT

JUDGMENT

: (PER:- AMIT B. BORKAR, J.)

: (PER:- AMIT B. BORKAR, J.)

1]

Heard.

2]

RULE. Rule made returnable forthwith.

3]

By this application under Section 482 of the Code of

Criminal Procedure, the applicants are challenging registration of the

F.I.R. No. 127/2019 dated 10/07/2019 registered with the non-applicant

no. 1 – Police Station for the offences punishable under Sections 420,

468, 471 & 34 of the Indian Penal Code.

4]

The first information report came to be registered against the

applicants with the accusations that an amount of Rs. 19,09,700/- was

disbursed in favour of Dr. Arun Motghare, Polytechnic College under the

Central Government Scholarship Scheme for the purpose of benefit of

52 students. Out of the said amount, 25 students were enrolled without

CAP round. It is alleged that unless the students are enrolled through

CAP round, they are not eligible for the scholarship, but the applicants

have shown the students as eligible and have misappropriated an amount

ANSARI

ANSARI

Judgment

Judgment

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of Rs. 9,00,000/-. It is alleged that when the officials of the non-

applicants went to the office of the institution of the applicants, they

refused to co-operate and refund the amount. It is alleged that the

institution of which the applicants are managing committee members

have misappropriated an amount of Rs. 10,02,625/- and have shown

bogus students and taken away the rights of the tribal students. The

applicants have therefore filed the present application challenging

registration of the first information report.

5]

This Court on 21/11/2019 issued notices to the non-

applicants. The non-applicant no. 1, in pursuance of the notice issued by

this Court,