Allowed

Sangamnath Revanappa Satanure v. the State of Maharashtra and Another

Bombay HC1 Dec 2014WP/457/2013

Case brief

AI extract

What is this about?

The Court allowed a petition challenging a Sessions Court order that had set aside a private complaint against an educational institution's President for allegedly forging caste records and misappropriating government grants intended for a hostel for SC/ST students. The Court restored the process against the accused.

What did the court decide?

The judgment of the Additional Sessions Judge in Criminal Revision Petition No.53 of 2009 is set aside, the process against the accused is restored, and proceedings to be continued before the J.M.F.C.

Sangamnath Revanappa Satanure Vs the State of Maharashtra and… — Corruption | Bombay HC (2014)

¶1

¶2

457

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

¶4

APPELLATE SIDE JURISDICTION

¶5

CRI. WRIT PETITION NO.: 457 OF 2013

¶6

¶7

Sangamnath S/o Revanappa Satanure, Age: 38 years, Occu.: Service, R/o Parli, Tq. Parli, Dist. Beed.

¶8

... PETITIONER/

¶9

VERSUS

¶10

The State of Maharashtra. Through: The Police Station, Ambajogai, Tq. Ambajogai, Dist. Beed. (Copy to be served on the Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad).

¶11

Anantrao S/o Shankarrao Jagatkar, Age: 66 years, Occu. Business, R/o Jaiwanti Nagar, Tq. Ambajogai, Dist. Beed.

¶12

... **RESPONDENTS [RES.NO.2 ORI. ACCUSED] *****

¶13

Mr. R. I. Wakade, Advocate for the Petitioner. Mr. S. K. Tambe, A.P.P. for the Respondent No.1. Mr. A. A. Jagatkar, Advocate for Respondent No.2.

¶14

¶15

CORAM:-T. V. NALAWADE, J. DATED:- 1st DECEMBER, 2014.

¶16

JUDGMENT:

¶17

Rule. Rule made returnable forthwith. Heard both the sides, by consent for final hearing.

¶18

The petition is filed by original complainant to challenge the judgment and order of Criminal Revision Petition No.53 of 2009 which was pending in the Court of

¶19

¶20

457

¶21

learned Additional Sessions Judge, Ambajogai, District Beed. The Sessions Court has allowed the revision and the order made by learned J.M.F.C., Parli in R.C.C. No.73 of 2006 is set aside.

¶22

R.C.C. No.73 of 2006 was filed by petitioner as a private complaint for offence punishable under sections 409, 420, 467, 471 etc. of Indian Penal Code against the Respondent No.2. Petitioner was working as a teacher in Milind Vidyalaya and Respondent No.2 is President of the management of Pradnya Shikshan Sanstha. Milind Vidyalaya is run by this Pradnya educational institution. This institution owns and runs Nalanda Vidyarthi Vastigruha, a hostel which is for boys and girls. It is contended that the Government is giving hundred per cent grant and this hostel is run only for the benefit of the students of Scheduled Caste and Scheduled Tribe community.

¶23

It is the case of the complainant that admission to atleast 8 students was given in the hostel by creating false record to the effect that they were from S.C. and S.T. category. It is contended that these boys were admitted in the school and the school record shows that they were not belonging to SC and ST category but only to give them

¶24

¶25

457

¶26

admission in the hostel such record was created by the hostel. There is second allegation that the Government money is misappropriated by the management of this hostel by creating false record. It is contended that when some shops are not in existence, false record of the shops is created to show that the amount was spent for making purchases for the hostel. In the complaint, the list of the students, who do not belong to SC and ST category is mentioned and their caste mentioned in the school record is also mentioned. In the complaint, the bills shown to be issued by Yash Trading Company, Vaishnavi Trading Company and Amit Trading Company are mentioned and it is contended that Amit Trading Company came in existence in the year 2003 and other two shops were not in existence even on the date of complaint. It is contended that the bills, shown to be issued by these shops right from the year 2001 to 2006, are false bills.

¶27

The learned J.M.F.C. made order for investigation under section 202 of Cr.P.C. During the investigation, the relevant record like copies of the admission applications given to school and the hostel came to be produced to substantiate the allegations made in the complaint. Police gave report after making investigation to the effect that

¶28

¶29

457

¶30

there is substance in the allegations. Statements of the students were recorded and the statements are consistent with the aforesaid allegations. In view of these circumstances, the process came to be issued.

¶31

Some record is produced to show that the Director of Social Welfare made inquiry and this Government Department also found substance in the aforesaid allegations and report was submitted to withdraw the recognition.

¶32

The learned counsel for the accused, the President of the Institution, submitted that the aforesaid things were done by the Warden, Superintendent Shri Kamble and the institution had taken action against him and everything was probably done behind the back of the accused. He submitted that the fault was admitted by Kamble before the President. He also submitted that in view of some circulars issued by the concerned department, the admission could have been given to persons from open category also if they were from economically backward class.

¶33

The allegations against the accused are of different nature. There is record to show that present accused had made correspondence with regard to hostel with the

¶34

¶35

457

¶36

authorities for getting the grants and the names of the students were mentioned. The contention that it was sole responsibility of the Superintendent/ Warden of the hostel, cannot be accepted, at this stage. Warden cannot be a beneficiary when there are allegations of aforesaid nature and it is ordinarily the management who gets the benefit. Surprisingly, the learned Additional Sessions Judge has considered the circumstance of letter of termination of said Kamble from service by the Chairman, the accused from the present proceeding and it is held that probably only Shri Kamble was responsible for aforesaid things. In view of the aforesaid circumstances, this Court holds that the judgment and order made by learned Sessions Judge cannot sustain in law.

¶37

In the result, the petition is allowed. Judgment and order of learned Additional Sessions Judge, Ambajogai in Criminal Revision Petition No.53 of 2009 is hereby set aside. The order of issue process and the complaint as against the accused is restored. The parties are to appear before the learned J.M.F.C. on 9th January, 2015.

¶38

Rule is made absolute in aforesaid terms.

¶39

[T. V. NALAWADE, J.]

¶40

Dated:01/12/2014. ans/457

Sangamnath Revanappa Satanure v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Sangamnath Revanappa Satanure v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harischandra Raghunath Jadhav Vs Subhash Nivrutti Patil and Ors.

Makrand Shamrao Kadam Vs Shivaji Aalu Pawar

Uday Sheshrao Mohite Vs Ravindra Ramniwas Bhutada

MD Rafiuddin MD Aminoddin Maniya and Ors. Vs the State of Mah and Anr.

Parasram Pandurang Anbhule and Another Vs the State of Maharashtra and Others

Nandkishor Ramdas Pawar Vs Anita Nandkishor Pawar and Another