Dismissing the writ petition, the court held that while the petitioner's request for re-audit could be considered on merits, he could not be restrained from facing penal action under Section 406 IPC as an offence was already registered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 338 OF 2011
Ashok s/o Murlidhar More
Petitioner
Versus
The State of Maharashtra & others
Respondents
Mr.Deelip Patil Bankar, advocate holding for Mr.A.S.Shelke, advocate for the petitioner. Mrs.S.G.Chincholkar, A.G.P. for Respondents No.1 to 5.
CORAM : R.M.BORDE &
V.L.ACHLIYA, JJ. DATE :09th June, 2014
PER COURT:
1 The petitioner is praying for issuance of directions to the Respondents to conduct re-audit of the Society since the petitioner, who was not available on account of certain personal reasons, could not point out the relevant record. The audit report finalised behind back of the petitioner, without extending opportunity to explain the position, is not liable to be acted upon.
2 The petitioner has tendered several representations for consideration of his request. It would be open for the higher authorities to consider the request of the petitioner on its own merits and take appropriate steps. So far as request made by the petitioner for restraining the higher authorities from initiating penal action is concerned, since offence has already been registered against the petitioner in respect of offence punishable under Section 406 of the Indian Penal Code, no direction, as
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requested, need be issued.
3 In view of above, nothing survives for consideration. Writ Petition stands dismissed.
V.L.ACHLIYA JUDGE
R.M.BORDE JUDGE
adb/wp33811
1 issue framed by the court
Whether writ directions should be issued for re-audit of a society due to petitioner's absence during finalization of audit report.
Ashok s/o Murlidhar More
The State of Maharashtra
R.M. Borde
V.L. Achliya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
