1 cra212.08 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 212 OF 2008 Manoj S/o Bhimrao Mudgal ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS ..... Mr. S.S. Choudhari, advocate for the applicant. Mr. K.J. Ghute-Patil, APP for respondent-State. Mr. P.G. Rodge, advocate for respondent no.2. ..... (CORAM : T.V. NALAWADE, J) DATED : 29th August, 2011. PER COURT : 1. Heard both the sides. The Revision is filed to challenge the order passed by the Sessions Judge, Osmanabad. The Sessions Judge, Osmanabad has set aside the order of issuing process made against the respondent-accused by the Chief Judicial Magistrate in R.C.C. No. 360 of 2006. The private complaint was filed by applicant for the offences punishable under Sections 420, 465 and 467 of the Indian Penal Code. 2. The case of the applicant is that the accused person, who is respondent no.2 herein, is running one Educational Institution and he collected H.R.A. at the rate of 7.5 %, when the H.R.A. payable for that locality was 5%. It is contended that the 2 cra212.08 information is collected from the concerned Department and as per the information of the complainant, the Education Officer has already issued order to the Block Development Officer to make an enquiry and to recover the amount. It appears that there is direction given by the concerned Department to recover excess amount paid by way of H.R.A. and there is dispute as to whether, the H.R.A. is payable at the rate of 7.5% or it is payable at the rate of 5%. 3. The contentions made by the complainant in the complaint show that the irregularity is within the knowledge of the concerned Department. The Department is bound to take appropriate action for recovery of the amount, if H.R.A. is paid in excess. 4. In the circumstances, the cognizance ought not to have been taken by the Chief Judicial Magistrate. The Sessions Judge has rightly set aside the order of issuing process. As no illegality or impropriety is found, the Revision stands dismissed. (T. V. NALAWADE) JUDGE ga s/cra212.08