The Nagpur bench of Bombay high court on Tuesday stayed the criminal proceedings against former chief minister of Maharashtra Ashok Chavan, Rajya Sabha member Vijay Darda, Maharashtra minister for education Rajendra Darda and others, ordered by the Yavatmal judicial magistrate first class last week.
While hearing the petition filed by the secretary of Jawaharlal Darda Education Society Kishore Darda, justice Prasanna Varale of the high court has issued notices to the original complainant Digambar Pajgade and the state government. The court has directed them to file reply within a month.
The Yavatmal police had registered an FIR against 16 accused, including Chavan, Dardas for cheating, fraud and other offences last week after a criminal complaint filed by one Digambar Pajgade.
It was alleged that the education society that was controlled by Dardas, constructed the building of the school at Yavatmal illegally. According to the petitioner, Pajgade had filed a false case before the JMFC Yavatmal, making allegations against the chief minister Prithviraj Chavan and the Yavatmal collector, apart from the ex-chief minister, Ashok Chavan and Darda brothers. Allegations were also made out against the urban development department secretary and the deputy secretary of the central board of secondary education (CBSE).
The JMFC, by order August 25, 2011, directed the local police to conduct investigation under section 156 (3) of CrPC against all the accused, except the chief minister Prithviraj Chavan and deputy secretary of CBSE. The police was directed to file a report within 60 days.
The complainant had earlier too filed many pleas in the Nagpur bench of the Bombay High Court regarding this matter. He contends that a school building situated at Darda Nagar in Yavamtal is illegal.
The petitioner Education Society brought to the notice of the high court about the suppression of material facts and the outcome of the past litigation from Pajgade from the trial court and also the fact that the complaint does not reveal commission of any offence but speaks of a civil dispute which was already settled by the verdict of High Court in the year 2002. It was further pointed out that entertaining such complaint amounts to the abuse of process of law. Considering the matter, justice Varale not only stayed the effect of order passed by the JMFC, Yavatmal, but also stayed all the proceedings including the investigation in the matter.