1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1264/2010 Dr. Manoj Madhukar Sawalkar V/s. State of Maharashtra and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Coram: A.P. Bhangale, J Dated : 10th June 2011 1. By this application, under Section 482 of Criminal Procedure Code, applicant prayed for quashing and setting aside the FIR No. 120/2010, dated 11/07/2010, registered by Wadi Police Station, Dist. Nagpur, under Section 420, 468, 471 r/w. 34 of Indian Penal Code. 2. It is the grievance of the applicant on the ground that “Maa Vaishnavi Mahila Mandal” which was a society established in the year 1993, was given charge of the society to the applicant. The change report was submitted on 23rd December 2009 which was accepted by the Learned Assistant Charity Commissioner, Nagpur by order dated 13/04/2010. The said order was challenged before the Joint Charity Commissioner, Nagpur by filing Appeal No. 27/2010 and 2 39/2010. The Joint Charity Commissioner by order dated 21/10/2010 decided to remand the matter to the Assistant Charity Commissioner while partly allowing the appeals. It is also contended that, the said order for remand in respect of inquiry into change report is also challenged in R.C.A. No. 30/2010 by Dr. Varsha Manoj Sawalkar, with prayer for interim stay is rejected despite the fact that the appeal is pending. 3. It is contended on behalf of the applicant that, in view of the ruling in Tukaram Annaba Chavan and another V/s. Machindra Yeshwant Patil reported in A.I.R. 2001 Supreme Court 994, while validity of of change report is being examined by the Assistant Charity Commissioner which is competent authority, the criminal proceedings shall not be allowed to proceed further. It appears that, the Apex Court, considering the nature of accusations in respect of which the competent authority is required to file complaint in view of Section 195(1)(a) of the Indian Penal Code, directed in the interest of justice and for a fair trial of proceedings that the criminal case should remain suspended till the proceedings before the Assistant Charity Commissioner, which is to be disposed of by him. It is also submitted that, although the Assistant Charity Commissioner can proceed further with the inquiry into change report, the Regular Civil Appeal No. 30/2010 which is pending before the District Judge, Nagpur, may also be directed to be expedited so as to ensure early decision in the matter. Learned Advocate for the respondent further prayed that, the inquiry into change report pending before the Assistant Charity Commissioner, be expedited since there is no stay from the Appellate Court for such inquiry. 3 4. I think, petition can be disposed of with direction that Regular Civil Appeal No. 30/2010, pending before the District Judge, Nagpur, be expedited for final hearing although there is no stay order from the District Judge, Nagpur and Assistant Charity Commissioner, Nagpur, shall also expeditiously decide the proceedings of inquiry into change report. Until then, the proceedings in respect of criminal case arising from FIR No. 120/2010, dated 11/07/2010, registered by Wadi Police Station, Dist. Nagpur, under Section 420, 468, 471 r/w. 34 of Indian Penal Code, shall remain stayed until the decision by the Assistant Charity Commissioner, Nagpur. This application is disposed of on the terms aforesaid. JUDGE sgp