Dismissed

Shri. Rajabhau @ Rajendra S/O. Digambar Mane v. the State of Maharashtra and Others

Bombay HC12 Apr 2016WP/469/2016

Case brief

AI extract

What is this about?

On a criminal writ petition seeking an investigation report by auditors and registration of offences regarding misappropriation of funds by a Municipal Council, the High Court rejected the petition. The Court held that since the petitioner failed to substantiate identical allegations before the Magistrate under Section 156(3) CrPC and withdrew the alternative u/s 190 CPC, issuing extraordinary ext

What did the court decide?

Petitioner's prayer for issuance of directions to conduct an enquiry/investigation was rejected and the writ petition was dismissed.

Shri. Rajabhau @ Rajendra S/O. Digambar Mane Vs the… — Writ and Judicial Review | Bombay HC (2016)

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Cr.WP 469/16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.469/2016

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Rajabhau @ Rajendra Digambar Mane.

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...Petitioner..

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Versus

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The State of Maharashtrs & others.

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...Respondent...

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 .....

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Shri V.D. Sapkal, Advocate for petitioner.
Shri S.P. Deshmukh, APP for respondent nos.1 to 4.

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 .....

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CORAM: R.M. BORDE &
 K.L. WADANE, JJ.
DATE: 12.04.2016

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ORDER :

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1]The petitioner is praying for issuance of directions

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to the respondents to conduct an enquiry / investigation

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in pursuance to the report submitted by the Special

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Auditor and the Chief Auditor in regard to the complaint

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made by the present petitioner alleging mis-appropriation

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of funds received by the Municipal Council, Tuljapur, for

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Navaratri festival and to register the offences against
officers and office bearers of the Municipal Council,

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Cr.WP 469/16

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Tuljapur, in accordance with law. The petitioner earlier
presented a detailed complaint making identical
imputations against the office bearers and the employees
of the said Municipal Council as well as some private
individuals and firms, who were awarded the tender work.
A request was made to the Magistrate's Court to issue

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directions for investigation into the complaint at the
instance of the Police by taking recourse to provisions
of Section 156(3) of the Code of Criminal Procedure. On
consideration of the contents of the complaint as well as
the verification statement of the petitioner, the learned
Magistrate, on recording reasons in detail, turned down
the prayer of the petitioner for issuance of directions

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to investigate the matter u/s 156(3) of the Code of
Criminal Procedure. The petitioner was granted liberty
to prosecute the complaint presented u/s 190 of the Code
of Criminal Procedure if he desires. The complainant /

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the petitioner herein, however, chose not to proceed with
the complaint and withdrew the same.

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2]In the instant petition, the petitioner is

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trying to achieve which he could not secure from the

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learned Magistrate on lodging a complaint making

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identical imputations therein. Since the petitioner has
failed to substantiate his allegations before the learned
Magistrate, in identical set of facts and against the
same persons, a direction to lodge the First Information
Report and to commence investigation need not be issued
in exercise of extraordinary jurisdiction under Article
226 of the Constitution of India. The writ petition is
devoid of substance and the same stands rejected.

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ndk/ cr124164.doc

Shri. Rajabhau @ Rajendra S/O. Digambar Mane v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shri. Rajabhau @ Rajendra S/O. Digambar Mane v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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