1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.341 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petition is filed for quashing of the FIR in C.R.No.7/2009. The petitioner alleges that FIR was lodged belatedly after about seven (7) years and that there was no misappropriation as per the observations of the Assistant Charity Commissioner. It is stated that already charge- sheet has been filed. The petitioner claims to be innocent. He is Chairman of the Public Trust. The amount of lucky Draw Scheme was to be utilised for renovation work of the temple of the religious Trust. The petition involves disputed questions of facts. For, according to the petitioner, he has incurred the expenditure for the purpose of the renovation work, whereas the complaint shows that he misappropriated a part of the funds. The observations in the report of inquiry (Exh.B) show that some work of the temple is carried out. The account of the amount collected is shown in the Inquiry Report. It appears that a large amount was shown towards expenditure incurred for distribution of prizes and the expenditure for journey/transportation. The questions raised in the petition require consideration of the disputed facts. The petitioner is at liberty to file application for discharge in the Criminal case, if so advised. The petition, however, is not maintainale when disputed questions of facts are required to be considered. Hence, the petition is dismissed. (V.R.KINGAONKAR,J.) Dt.24.08.2009. asp/office/Crwp341.09