1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2278 OF 2008 Sau. Sunanda Ravindra Bari and others Versus State of Maharashtra and another *** Mr. J. R. Shaikh, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 23rd SEPTEMBER, 2009. 1. By this application, learned counsel seeks to quash the proceeding arising out of Crime No.13 of 2008 [RCC 302 of 2008], pending at the file of learned Chief Judicial Magistrate, Jalgaon for an offence under section 420, 464, 465, 466, 471 read 34 of IPC. 2. Mr. Shaikh submits, taking the prosecution case, as a whole, as a gospel truth, in terms of the FIR, no offence is made out against the accused/ applicant. The proceeding sheet which is relevant in the matter, dated 31st May, 2007 and 7th July, 2007 do not indicate that they are signed by Sunanda, Mira 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. or Sanjay Jagannath Bari. The counsel submits, appointment of employees erroneously by the Vice Chairman, their close relations by itself will not implicate the accused/ applicant in commission of offence and he reiterated for discharge in the matter. 3. The status of present three applicants, who are members of Managing Committee of Akshay Urban Cooperative Credit Society, Jalgaon with Shri Ravindra Jagannath Bari, the Vice Chairman of the society, is not in dispute. Applicant No.1 is his wife, applicant No.2 is his brother and applicant No.3 is the wife of Applicant No.2. 4. It was the management of the said society which was taken over by the new managing committee effective from 29th April, 2007 which constituted present applicants as the managing committee members. It was primarily in concert of present accused/ applicants that the Vice Chairman of the society Ravindra Jagannath Bari activated his 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. illegal activities creating an atmosphere of dictatorship whereby he facilitated the alleged siphoning in the accounts of the society including illegally appointing the persons who did not even attend the society and their salaries were drawn. 5. The act of the accused/ applicant herein is a conjoint act with the Vice Chairman. It cannot be isolated. Their non-signing at the two proceeding by itself will not obviate their responsibility as Director. 6. The reference of the judgment in the matter of "S. K. Alagh V/s State of U.P. and others" [AIR 2008 SC 1731] by the learned counsel will not be available to be coined as it was matter in which the Directors of the company were facing prosecution in terms of section 406 about the vicarious liability as the Court found that it was not extendable to the directors or the officers of the company as they had a latent role in the affairs and they were not actually coordinating with the affairs of the said company. 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. The factual matrix in the matter runs contrary to the judgment referred above. That apart, it is informed in the affidavit reply of Ashok Ganpat Kolte, P.S.I. of City Police Station, Jalgaon dated 5th August, 2008 that in terms of section 173 (8) of Cr.P.C. further investigation in the matter is carried and there is ample material to show complicity of the present accused/ applicant in the subject matter of Crime. Learned A.P.P. is unable to highlight as to whether supplementary charge sheet is filed. The fact remains, further investigation in the matter is ensued which must be in progress in view of the affidavit dated 5th August, 2008. Considering these aspects, prima facie, I find that the present accused/ applicant will have to answer the charge that would be leveled against them in proper perspective before the learned C.J.M. The proceeding cannot be said to be mere abusive or created to oppress or humiliate the accused/ applicant. They knowingly joined the 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. concert with the Vice Chairman with the aftermath of this implication to follow. It is not that the Applicants are primarily innocent but they have acquaintance with the situation carried by the Vice Chairman. Consequently, proceedings cannot be quashed. The observations are prima facie in nature. Application is rejected. [K. U. CHANDIWAL, J.] Dated:23/09/2009. ans/2278