1 Orde in 1948 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1948 OF 2010 Mr.Dinesh S/o. Vinodrai Master ...Applicant Vs. The State of Maharashtra ...Respondent WITH CRIMINAL APPLICATION NO. 1949 OF 2010 Sanjay Gaikwad ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Rajendra Sorankar for Applicant Mrs. M.R. Tidake -APP for the State ----- CORAM: V.M. KANADE J. DATED: 25TH AUGUST, 2010 P.C. 1. The Applicants have filed these applications under section 482 for quashing the criminal complaint filed under sections 406, 420, 467, 468, 470, 471 and 201 r/w. 120-B of the Indian Penal Code with the Charkop Police Station which are now pending in the Metropolitan Magistrate's 24th Court at Borivali. 2. In this complaint, chargesheet has already been 2 Orde in 1948 filed. It is submitted that this complaint has been filed by the Complainant with malafide intention after the termination notice was issued by the Applicants and the managing committee. It is submitted that the Complainant had obtained an audited report of the auditor, who is not on a penal of the auditors maintained by the Government of Maharashtra and that the Complainant has filed a false complaint against the members of the managing committee. It is submitted that the Applicants are not concerned in any manner with the said managing committee and secondly, it is submitted that no allegations have been against the Applicants herein in the complaint. 3. In my view, it is not possible to entertain this application for quashing since the Applicants have an alternate remedy of filing an application for discharge before the appropriate court at the appropriate time. It is not possible to go into the correctness of the allegations made by the Complainant in his complaint. The Applicants herein can file an application for discharge and if there is no material on record, the Trial Court is competent to pass an appropriate orders. Hence, therefore, for these reasons, it is not possible to entertain these applications. 3 Orde in 1948 4. Applications are, accordingly, disposed of. Liberty, however, granted to the Applicants to file an application for discharge before the appropriate Court in both these matters. If such an application is filed by the Applicants, the said application may be disposed of as expeditiously as and if possible, within a period of eight months. (V.M. KANADE J.)