1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3293 OF 2008 (Bina Sanjay Piter and another vs. State of Maharashtra and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.B.Shirsath, Adv., for the aplicants. Mr. K.M.Suryawanshi, APP for respondent State. Mr. C.A. Jadhav, Adv., h/f Mr. V.D.Hon, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE: 11/8/2009 P.C.:- 1. Heard Counsel for respective parties. Rule. Heard forthwith with the consent of Counsel for respective parties. 2. In the academic year 2004-2005, Methodist English School, Bidar Road, Udgir, started a primary school without seeking approval. Complainant, respondent no.2, lodged complaint 2 vide Crime No.I-70/2006 for an offence under Sections 420 read with Section 34 of IPC against the applicants. Indeed, there was already an application moved by the institution seeking permission and by order dt.27.6.2006, the Education Officer, Zilla Parishad, Latur, accorded permission to the applicant institution to activate a school at Madalapur, at Udgir, for English medium school for the academic year 2005-2006 for first Standard. The order was retrospective from June, 2005. 3. Since there is a proper and valid permission from Government of Maharashtra, I do not see that there is any infraction of Section 420 read with Section 34 of IPC against the accused/applicants. The applicant deserves immunity from the prosecution based on the Government's approval. In the situation, the FIR vide Crime No.I-70/2006 registered at Udgir Rural Police Station, for an offence under Section 420 read with Section 34 of IPC against the 3 applicant nos. 1 and 2 is quashed and set aside. Rule made absolute in above terms. (K.U.CHANDIWAL) JUDGE ... agp/3293-08crapl