1 Cri. Application 2088/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No.2088 Of 2010 Jyoti w/o Madhavrao Mudkhede And Another. .. Applicants. Versus The State of Maharashtra And Another. .. Respondents. -------- Shri. Amit A Mukhedkar, Advocate, for the applicants. Shri. D.R. Korde, Additional Public Prosecutor, for respondent No.1. Shri. U.S. Malte, Advocate, for respondent No.2. -------- CORAM: K.U. CHANDIWAL, J. DATE: 24th JUNE 2011 PER COURT : 1) After substantially arguing the matter, on instructions, Mr. Mukhedkar seeks leave to withdraw the criminal application to the extent of applicant No.1 – Jyoti Madhavrao Mudkhede. Permitted. The application is disposed of to the extent of applicant No.1. 2 Cri. Application 2088/2010 2) Judging from any angle, it appears that, the salaries of the complainant / respondent No.2 which were allegedly deducted month to month are not accounted for, for the benefit of the life insurance. This has caused a situation of mayhem to the complainant as his insurance policy was lapsed. 3) Reading the entire complaint and even the documents, it hardly applies that any role could be attributed to Vithal – applicant No.2, the Treasurer / Superintendent of the School, now retired. Learned Revisional Court has observed that responsibility obviously is of the Head Mistress of the school to see that payments are made. In para 11 of the order it is observed that it was the applicant No.2 – Vithal, who had induced the complainant to have insurance policy as the payment of the premiums being attached to the salary. Even if these aspects are considered it will hardly attract the penal provisions under sections 406, 420 of the Indian Penal Code against the applicant No.2. 3 Cri. Application 2088/2010 3) Consequently, the proceedings in Regular Criminal Case No.128 of 2007 pending before the learned Judicial Magistrate, First Class, Nanded is quashed to the extent of applicant No.2 – Vithal. The criminal application is allowed in part. Considering the age of the matter the learned Judicial Magistrate is requested to ensure early disposal of the criminal case by the end of November 2011. The parties shall not unreasonably seek accommodation. The parties shall appear before the learned Chief Judicial Magistrate on 4th July 2011. Sd/- (K.U. CHANDIWAL, J.) rsl