1. Present review application has been filed by original appellants for review of judgment and order dated 1st August, 2019 passed by this Court in aforesaid First Appeal.

2. Present review applicants are the original claimants, who filed MACP No.256/2013 before learned Member, Motor Accident Claims Tribunal, Latur (herein after referred to as the ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:35 ::: (2) Review Appln.No.199/2019 Tribunal) for getting compensation for the accidental death of one Hanmantrao Manikrao Deshmukh, on whom present review applicants were depending.

2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal.

3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code.

4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:24 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons.

3 Present respondent No.1 is the original complainant, who has filed private complaint bearing R.C.C. No.106/2015 before learned Judicial Magistrate First Class, Khultabad, Dist. Aurangabad. It was filed against five persons contending that they have committed offence punishable under Section 467, 468, 469, 409, 420 read with Section 34 of the Indian Penal Code.

4 Brief facts narrated in the complaint are, that the original accused No.3 is the President of institution by name Anjuman Eshat-e-Taleem and accused No.4 is the Secretary. The said institution is registered as Trust under the Maharashtra Public Trust Act. It receives 100% grants from the Government to run college by name Maulana Azad Higher Secondary School at Khultabad. Accused No.1 is serving as Assistant Teacher since 2011 and ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 4 Cri.WP_932_2019+1_Jd prior to that he was serving as Shikshan Sevak in the subject of Phychology and Sociology. Accused No.2 is the Headmistress of the said school since 2008. Original accused No.5 was then Deputy Director of Education. It is contended that when accused No.1 was in service, he has completed the course of M.A. 1st part in Psychology for the academic year of 2008-09 from Vivekanand College, Aurangabad. His attendance on the Transfer Certificate of said college is said to be 75%. Thereafter, for the year 2010-11 he has completed the M.A. 2nd part in Psychology as a regular student of the said college. The college timing is stated to be 4.00 p.m. to 7.00 p.m. and for 2010-11 it is from 12.00 noon to 5.40 p.m.. The Institution record shows that during the said period, he has taken only 8 days Earned Leave. This shows that accused No. 1, in conspiracy with the accused Nos.1 to 4, was only signing the attendance register and taking the salary/honorarium of Rs.9,000/- per month, amounting to Rs.2,00,000/- for two years. It is stated that in the past also there were instances in the said college run by the accused, in respect of payments made towards salary without candidate putting any work. That amount has been recovered by the Government. All those persons had come to this Court, however, those petitions were rejected and criminal proceedings are pending against two of them. The complainant had given a complaint application on 18.01.2012 to the Deputy Director of Education, Aurangabad. He has passed an order on 11.06.2012. It was ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 5 Cri.WP_932_2019+1_Jd directed that the accused No.1 should deposit the entire amount, which he has received towards honorarium with the Government. Further directions were given to take action under Rule 28(5) of Maharashtra Private Schools (Terms of Service) Rules, 1981. It was also stated in the said order that since the accused No.1 has derelicted from duty, inquiry be held and after the report is received then only the further action of continuation in his service would be taken. Therefore, the continuation was not done and as the salary was not given, accused No.1 staged agitation from 09.07.2012 in front of the office of Deputy Director of Education. He was advised on 12.07.2012 to file an appeal and he was then prevented from continuing the agitation. The appeal was filed by him and stay was granted to the order passed. In view of the said stay the accused No.1 was given continuation of service. No opportunity was given to the complainant to put forth his say by the Director of Education when stay was granted. The complainant thereafter filed writ petition before this Court bearing Writ Petition No.6756 of 2012. In that petition the Director of Education was directed to file affidavit. Accordingly, affidavit was filed on 24.04.2013. It was specifically stated that on 17.04.2013 further order has been passed that the stay has been vacated and the order passed by Deputy Director of Education Aurangabad on 11.06.2012 is confirmed. In view of the said contentions in the writ petition, the writ petition came to be rejected. In the meantime, accused No.5 took charge as ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:08 ::: 6 Cri.WP_932_2019+1_Jd Deputy Director of Education, Aurangabad and he gave letter on 24.06.2013, thereby cancelling the confirmation to the service given to accused No.1. Accused Nos.2 to 4 had not taken any steps for inquiry in view of the order dated 11.06.2012. A false report was submitted to the Deputy Director of Education. Accused No.1 has not even deposited the amount of Rs.2,00,000/- which he had taken as honorarium for two years. Yet, after accepting the false report the accused No.5 has continued the services of accused No.1 by letter dated 26.08.2013. It has been submitted that all the accused persons with common intention with each other prepared false report, prepared false attendance register, pay bills and other documents, thereby all of them have cheated the Government as well as the students, and therefore, he says that offence has been committed by all the accused persons. He, therefore, prayed for issuing process and punishing the accused persons.

It is the submission of the petitioners that the respondent nos.9 to 12 were the erstwhile tenants who are allegedly occupying the impugned premises and are presently running a quarantine center as per the Memo No. H&FW/132/2020/128 (Annexure-P/6).

Mr. Gaggar, counsel appearing on behalf of the petitioner led by Mr. Aniruddha Chatterjee, submits that in spite of several representations having been made before the Officer-in-Charge, Karaya Police Station being the respondent no.8 herein and the Chief Secretary, Government of West Bengal being the respondent no.2 herein, no action has been taken by the State authorities.

It is to be noted that earlier petitioner has also filed a writ petition being WP 5064 (W) of 2020 challenging the transfer.

Counsel appearing on behalf of the petitioner submits that the petitioner did not join the new college due to several reasons including his ill-health. He further submits that his salary has been stopped and he has not received the salary from the month of March 2020 onwards.

Mr. Biswaroop Bhattacharya, counsel appearing on behalf of the respondent nos.1 and 2, has defended the action of the university and submitted that the university had no intention to stop payment of the petitioner's salary. The same, according to him, has taken place due to the petitioner not having joined his new post even though the transfer order was issued on March 3, 2020.

And In the matter of : Dipraj @ Dipu Chhetri & Ors.

... Petitioners Mr. Navanil De .. for the Petitioners Mr. Neguive Ahmed ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The case of the first petitioner appears to be on a different footing than the two other petitioners. Though the names of the two other petitioners were mentioned in the initial complaint and in the eye witness' account, the first petitioner is neither named nor did the eye witness allude to him.

And In the matter of : Kheru Mondal & Anr.

... Petitioners Mr. Subir Debnath .. for the Petitioners Mr. Neguive Ahmed ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

04. 2020 b.

CRM No. 3356 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 25 of 2020 dated 05.03.2020 registered for investigation into offences punishable under Sections 305/34 of the Indian Penal Code.

And In the matter of : Jahirdur Islam @ Jahedur & Anr.

... Petitioners Ms. Jeenia Rudra .. for the petitioners Mr. Swapan Banerjee ..for the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

ab with 01 CRAN 1583 of 2020 (Via Video Conferencing)

In the matter of : an application for bail under Section 439 of the Code of Criminal Procedure filed on 19.04.2020 in connection with Bally Police Station Case No. 25 of 2018 dated 01.03.2018 under Sections 195(A)/506/509/427/34 of the Indian Penal Code.

And In Re :- Bikash Pandey @ Vikash Pandey @ Vicky ... Petitioner.

Mr. Achin Jana ... For the Petitioner. Mr. R. Roy Chowdhury Mr. T. K. Ghosh Mr. P. Bose ... For the State

ab with 02 CRAN1420 of 2020 (Via Video Conferencing)

In the matter of : an application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Egra P.S. Case No. 194 of 2020 dated 21.03.2020 under Sections 341/354A/427 of the Indian Penal Code, 1860 of Protection of Children from Sexual Offences Act, 2012.

And In Re :- Laltu Jana ... Petitioner. Sk. Sahjahan Ali ... For the Petitioner. Mr. R. Roy Chowdhury Mr. T. K. Ghosh Mr. P. Bose ... For the State

Sri Barid Baran Roy & ors.

Mr. Anindya Bose.

.....for the petitioner.

Mr. D. Banerjee.

....for the O.P. No. 1 Mr. Arijit Bardhan.

...for the O.P. Nos. 15 & 16.

This matter has been listed at the instance of the learned advocate for the petitioner for extension of an interim order dated December 23, 2019, passed by this Bench. It is contended that all the opposite parties have been served as per the direction of the Court and the affidavit-of-service will be filed before the Regular Bench.

Mr. Bardhan, learned advocate appearing for the opposite parties 15 and 16, is also present via video conference.

State of West Bengal & Ors.

With W.P. No.5334 (W) of 2020 In re: Letter of Dr. Vimal Khawas Ph.D With W.P. No. 5335 (W) of 2020 In re: Letter of Mr. Ritesh Tiwari With W.P. No. 5336 (W) of 2020 In re: Letter of Raja Satyajit Banerjee The order dated 28.04.2020 be corrected by substituting the word "warriors" in the place and stead of the word "worriers" in the 1 st sentence of 2nd paragraph at page 5 of the order.

Vs.

Smt. Manika Dhara (Pal) and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes.

The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds.

Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing.

Vs.

Kalyan Kishore Pradhan and Ors. Mr. Sakti Pada Jana ..for the Applicants Let the matter appear a fortnight hence whenever the court convenes.

The State should show cause why the State should not be directed to pay the writ petitioner's salary till the disposal of the appeal, subject to the writ petitioner undertaking to refund the same in the event the appeal succeeds.

Advocate for the writ petitioner should communicate this direction to Advocate appearing for the State and the relevant authorities well in advance of the next date of hearing.

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