1 Cri. Application No.5083 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No.5083 Of 2010 1) Naseruddin s/o. Moinuddin Quazi Age 56 years, Occupation :Sub Divisional Engineer, P.W. Sub Division, Khultabad, District Aurangabad R/o. Plot No.24, Aref Colony, Aurangabad. 2) Prashant S/o Pitambar Sonawane, Age 35 years, Occ: Executive Engineer, P.W. (West) Division, Aurangabad. R/o Plot No.8, N-11, C-5, Jalgaon road, HUDCO, Aurangabad. 3) Arjun S/o. Rohidas Bansode, Age 57 years, Occu: Superintending Engineer, P.W. Circle, Aurangabad. ... Petitioners. Versus 1) The State of Maharashtra, Through Police Inspector, Police Station, Paithan, District Aurangabad. 2) Amol S/o Kalyanrao Narwade, Age 28 years, Occu: Social Worker, R/o. Kalyannagar, Behind Durga Mata Mandir, Bidkin, Taluka Paithan, District Aurangabad. ... Respondents. -------- 2 Cri. Application No.5083 of 2010 Shri. Pradeep Deshmukh, Advocate, holding for Shir. Darshan Kulkarni, Advocate, for the applicants. Shri. P.P. More, Additional Public Prosecutor, for respondent No.1. Respondent No.2 - served - absent. -------- CORAM: K.U. CHANDIWAL, J. DATE: 28th JUNE 2011 ORAL JUDGMENT: 1) Respondent No.2 is served, called, absent. 2) Heard Shri. Deshmukh. Rule, returnable forthwith. 3) The applicants are Sub Divisional Engineer, Executive Engineer, and Superintending Engineer in Public Works Department. At the material time, in the year 1994 to 1995 they were working in Paithan at PWD. The grievance of the complainant is that for the period from 19-9-1994 to 23-7-1995 when the applicants at Paithan were discharging their official duty they did not utilize asphalt and it was sold in black-market and an amount of Rs.4,05,609/- has been misappropriated by the applicants / accused. 4) The basis for such first information report is the audit report of the said year. The FIR is lodge don 12-10-2010. 3 Cri. Application No.5083 of 2010 Mr. Deshmukh learned counsel for the applicants / accused submits that indeed it was an irregularity in the statements which has been levelled upon the applicants as officers of the Public Works Department. A letter was issued by the Executive Engineer, dated 8-4-2001 to the Chief Presenting Officer, Maharashtra Administrative Tribunal, Bench at Aurangabad in Writ Petition No.37 of 2011 dated 19-1-2011 styled as "Shri. N.M. Kazi vs. State of Maharashtra, in which the Executive Engineer has informed that an amount of Rs.4,05,609 was debited to the accounts of Shri. N.M. Kazi. However, the said amount is withdrawn by the debit entry and it is so communicated. Considering all these aspects, the prosecution against the applicants / accused is launched with other motives of the complainant. The complainant had personal grudge as the applicants in their capacity as quasi judicial officers had passed some orders against the complainant. 5) Taking survey of the above facts, the prosecution against the applicants accused is quashed. Rule is made absolute. Sd/- (K.U. CHANDIWAL, J.) rsl