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2014 Supreme(Bom) 108

ABHAY M.THIPSAY
Sayyad Rafiq s/o. Sayyad Lal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. S.G. MAGRE, Adv. for the Petitioner.
Mr. P.P. MORE, Additional Public Prosecutor, for the Respondent nos. 1 and 2.
Mr. V.M. KAGNE, Adv. for the Respondent no. 3.

JUDGMENT

Heard Mr. S.G. Magre, the learned Counsel for the applicant. Heard Mr. P.P. More, the learned Additional Public Prosecutor, for the respondent nos. 1 and 2. Heard Mr. V.M. Kagne, the learned Counsel for the respondent no.3.

2. The petitioner, who claims to be a social worker, had filed a complaint against the respondent no. 3 herein, who is the Dean of the Government Medical College and Hospital at Aurangabad. The allegation in the complaint was that, the respondent no. 3 had secured his employment with the Government, on the basis of a forged caste certificate. The case of the applicant in the complaint, in brief, was that, the respondent no.3 had submitted a forged certificate purportedly issued by the Additional District Magistrate, Aurangabad, certifying the caste of the respondent no.3, to be 'Chambhar', which is a Scheduled Caste, and had secured his employment on the basis of such forged certificate. That, actually the respondent no. 3 does not belong to any Scheduled Caste. The respondent no. 3 had thus, deceived and cheated the Government and had secured benefits to which he was not entitled to.

3. On this complaint, the learned Magistrate ordered investigation to be

















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