Draft - Discharge Appliation-239

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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.

Date : / /2017. Accused No. 2 & 3

Through,

Advocate for Accused No. 2&3.

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