Dismissed

Jagdish Waman Shirsath v. the State of Maharashtra and Anr.

Bombay HC18 Dec 2015WP/1153/2015

Case brief

AI extract

What is this about?

High Court bench rejected petitions to quash a charge sheet filed against cooperative society directors accused of misappropriating funds. The court held that statements recorded during investigation established a triable case, making early quashing inappropriate.

What did the court decide?

Charge sheet and FIR were not quashed; case remanded for further trial procedure as triable case exists.

Jagdish Waman Shirsath Vs the State of Maharashtra and Anr. — Corruption | Bombay HC (2015)

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1 crwp 1152.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO. 1152 OF 2015

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Seema Narendra Bendale .. Petitioner Versus

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The State of Maharashtra and another .. Respondents

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WITH CRIMINAL WRIT PETITION NO. 1153 OF 2015

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Jagdish Waman Shirsath .. Petitioner

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Versus

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The State of Maharashtra and another .. Respondents

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WITH CRIMINAL WRIT PETITION NO. 1154 OF 2015

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Milind Dayaram Waykole .. Petitioner

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Versus

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The State of Maharashtra and another .. Respondents

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Shri Badrinath A. Chavan, Advocate for the Petitioner in all matters.

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Shri S. G. Karlekar, A.P.P. for the Respondent No. 1 in all matters.

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CORAM : S. V. GANGAPURWALA

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V. K. JADHAV, JJ.

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DATE : 18TH DECEMBER, 2015.

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2 crwp 1152.15

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PER COURT :

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. These writ petitions are filed for quashing the F.I.R. bearing Crime No. 53/2008 and the charge sheet dated 10.08.2009 filed by the Investigating Officer before the Judicial Magistrate First Class, Raver, for the offences punishable U/Sec. 420, 406, 408, 409, 120 (B) of the Indian Penal Code and Section 70 (d), 73 (1-AB) of the Maharashtra Co-operative Societies Act, 1960 and the Rules F-1(16), (4), (13) the Societies by-laws. The present petitioners were the directors of the Tapi Urban Cooperative Credit Society. The total misappropriation is alleged to the tune of Rs. 20 and odd crores. The same is under 5 different heads. Such as giving loans to the relatives of the Directors, giving the loans without sufficient security, depositing the amount in loss making patsansthas etc.

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Pursuant to the complaint based on audit report, the investigation has been carried out. The investigation is concluded and the charge sheet is also filed on record wherein statements of various borrowers and persons have been recorded and who have in their statements alleged about the acts of the Directors, Manager, etc. Considering the statements recorded of various persons, it appears that the triable case is made out. The loans appear to have been given to the relatives. As triable issues exist, it would not be appropriate to quash the charge sheet at this stage. Considering the statements recorded

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3 crwp 1152.15

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it will not be possible to accept the contention of the learned counsel for petitioners for quashing the complaint or to look into the procedure. Any observations at this stage would prejudicially affect the party as such, we are not making any observations in detail. Suffice it to state that by going through the statements recorded of the various borrowers and the other persons, the triable case is made out and the charge sheet cannot be quashed.

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In light of the above the writ petitions are disposed of. No

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costs.

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[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ]

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bsb/Dec. 15

Jagdish Waman Shirsath v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Jagdish Waman Shirsath v. the State of Maharashtra and Anr.

Case brief

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What did the court decide?

What the court decided

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