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IN THE COURT OF THE HON’BLE JUDICIAL MAGISTRATE
FIRST CLASS AT UDGIR.
R.C.C. No.----------/
State of Maharashtra
Versus
Sow. Alknanda & Othrs.
Charge: U/s. 409 r.w. 34 of I.P.C.
APPLICATION U/S. 239 OF CR.P.C.
MAY IT PLEASE YOUR HONOUR
Here in the application filed on behalf of accused no. 2 & 3
as under:-
1. That, on 08/03/2014 one Ashok Bharatrao
Kamble Auditor Class-2 Co-operative Society, Udgir lodged report with the City police Station, Udgir against the present accused and one Sow. Alknanda Bhagwanrao Bhusagare with the allegations that, these accused have committed an offense punishable U/s. 409 r.w. 34 of I.P.C. and on receipt of such complaint City Police Station, Udgir registered crime no. 16/2014 dated 08/03/2014 against these accused. Thereafter I.O. of the said crime after investigation filed charge sheet against these accused U/s. 409 r.w. 34 of I.P.C. before this Hon’ble court.
2. That, from perusal of entire charge sheet it is
crystal revealed that, the accused no. 2 & 3 have not having any connection with alleged misappropriation of amount till than complainant & I.O. falsely booked accused no. 2 & 3 in this offense. 3. That, One K.S. Pawde Authorized Officer, Yeshwant Co-Operative Housing Society, Udgir, Tq. Udgir, Dist. Latur appointed for enquiry U/s. 88 of Maharashtra Co- Op. Society Act, 1960 in respect of misappropriation of amount of said society and for fixing the liability of misappropriated amount. The said authorized Officer conducted and completed enquiry on 30/03/2017 by given opportunities to the accused no. 1 to 3. The said authorized Officer held in his said Enquiry Report that, accused no. 1 is solely responsible for misappropriation of amount of said Housing Society and accused no. 2 & 3 are not having any connection with the said misappropriation of funds. The Enquiry Report of said Authorized Officer dated 30/03/2017 is filed here with in support of this application. Therefore accused no. 2 & 3 are entitled for discharged from alleged offence.
HENCE IT IS PRAYED
That, the application be allowed and accused no.
2 & 3 may kindly be discharged from the charges U/s. 409 r.w. 34 of I.P.C.