1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.4180 OF 2008 Sanjiwan s/o Devidas Ghogare ..APPLICANT VERSUS The State of Mah. & ors. ..RESPONDENTS Mr P.B. Rakhunde, Advocate for the applicant; Mr K.J. Ghute Patil, A.P.P. for respondent no.1. CORAM : P.V. HARDAS, J DATE : 26th July, 2010 ORAL ORDER : By this application under section 482 of the Code of Criminal Procedure the applicant seeks quashing of the R.C.C. No.261 of 2007 which has been filed by respondent no.2 against the present applicant for an offence punishable under section 192 of the Indian Penal Code. The allegations against the applicant are that the applicant, who was not a Head Master, had submitted a false affidavit in the proceeding before the Assistant Charity Commissioner claiming that he was the Head Master. On the basis of the said allegations, the Trial Court found that the offence was prima facie made out and accordingly issued summons to the accused. The order issuing process to the accused came to be 2 challenged by the present applicant by filing Criminal Revision Application No.190 of 2007 before the Additional Sessions Judge at Osmanabad. The first revisional Court dismissed the revision against which the present application under section 482 of the Code of Criminal Procedure has been filed. 2. Mr Rakhunde, learned Counsel for the petitioner has urged before me that the proceedings before the Assistant Charity Commissioner were not judicial proceedings and, therefore, no offence is made out by the applicant as section 192 of the Indian Penal Code contemplates submission of the evidence in a judicial proceeding. It is next urged before us that the management has passed a resolution and had appointed the present applicant as the Head Master and consequently also no offence is made out. The learned A.P.P. has supported the order of the Trial Court as well as the first revisional Court. 3. The proceedings before the Assistant Charity Commissioner cannot said to be either administrative or quasi judicial proceedings. In any event, this is a debatable question wherein the evidence is required to be adduced as to the nature of the proceedings before the Assistant Charity Commissioner. This Court while exercising jurisdiction under section 482 of the Code of Criminal Procedure cannot take into consideration other extraneous evidence, particularly which has not been proved. 3 4. No stay, it appears, has been operating since 18.2.2009 when notice came to be issued to the respondents. In the light of above, according to me no case is made out for interference and thus application is dismissed with no order as to costs. ( P.V.HARDAS, J.) amj/criap4180.08