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Bombay High Court

ADIVASI PANTHER KAMGAR SANGHATNA MAHARASHTRA STATE, THR ITS PRESIDENT PRASHANT MAHADEORAO BODAKHEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISMISSED

Holding

The petition is dismissed as the inquiry report found no misappropriation and the petitioner’s purpose of seeking a criminal complaint is deemed served.

Summary

The Adivasi Panther Kamgar Sanghatna Maharashtra, represented by its president, filed Criminal Writ Petition No. 1659 of 2020 seeking registration of an offence against respondents No. 7 to 12 alleging misappropriation of Rs.69 lakh. The investigating authority submitted an inquiry report dated 08‑04‑2022 indicating that no such misappropriation occurred, only an excessive payment of Rs.15,094 was identified. The High Court held that, in view of the inquiry findings, the petitioner’s objective of obtaining a criminal complaint had been achieved. Consequently, the Court dismissed the writ petition. Additionally, the Court ordered forfeiture of the amount previously deposited by the petitioner on 11‑01‑2021, directing its payment to the Deepstambh Foundation. The order was pronounced by Justices Sandipkumar C. More and Vaishali Patil‑Jadhav.

Issues considered

  • Whether the writ petition for registration of a criminal offence against respondents No.7‑12 should be entertained in light of the inquiry report finding no misappropriation.
  • Whether the amount deposited by the petitioner should be forfeited and directed to a charitable foundation.

Subjects

  • registration of criminal offence
  • writ petition
  • inquiry report
  • excessive payment
  • forfeiture
  • charitable donation

Judgment

2026:BHC-AUG:44075-DB


                                      1                   913 CRIMINAL WRIT PETITION NO. 1659 OF 2020



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              BENCH AT AURANGABAD

                   913 CRIMINAL WRIT PETITION NO. 1659 OF 2020

               ADIVASI PANTHER KAMGAR SANGHATNA MAHARASHTRA
                 STATE, THR ITS PRESIDENT PRASHANT MAHADEORAO
                                          BODAKHE
                                           VERSUS
                       THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
            Adv. Y. B. Bolkar, Advocate for the Petitioner
            Adv. Rajdeep D. Raut, APP for Respondents-State
            Adv. S. S. Nade, Advocate for Respondent No. 12,
            Adv. M. S. Deshmukh, Advocate for Respondent No. 7
            Adv. S. A. Deshmukh, Advocate for RespondentNo. 10
            Adv. M. B. Sandanshiv, Advocate for Respondent No. 12
                                              ...

                                  CORAM : SANDIPKUMAR C. MORE AND
                                          VAISHALI PATIL-JADHAV, JJ.

                                  DATED : 22/09/2026
            Per Court:

            .     The learned APP has already placed on record the inquiry

            report under communication dated 08.04.2022. The petition is filed

            for registration of offence against respondent Nos. 7 to 12. However,

            the report indicates that there is no misappropriation of around

            Rs.69,00,000/- lakh, but only excessive payment of Rs.15,094/-

            was found.


            2.    Under such circumstances, the purpose of filing complaint of

            the petitioner is served and therefore, the petition stands

            dismissed.
                             2                913 CRIMINAL WRIT PETITION NO. 1659 OF 2020



3.         The amount deposited by the petitioner as per order dated

11.01.2021 is hereby forfeited and it be paid to Deepstambh

Foundation by depositing the same in its Bank Account, the details

of which are as below-

Bank Name- ICICI Bank,
Account Name – Deepstambh Foundation,
Account No- 037501008110,
Account type-Savings,
IFSC Code- ICICI0000375.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/


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