IN THE HIGH COURT OF JUDICATURE AT BOMBAY (AURANGABAD BENCH)
ABHAY M. THIPSAY, J.
Sayyad Rafiq s/o. Sayyad Lal
Vs.
The State of Maharashtra & Ors.
Criminal Revision Application No. 165 of 2013
Decided On: 20th January, 2014
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 carried out by the Police, as contemplated under Section 202 of the Code of Criminal Procedure [For short, "the Code"]. The Police accordingly carried out investigation and submitted report thereof to the learned Magistrate. On receipt of the report of the Police, the learned Magistrate, by an order dated 20-8-2013, dismissed the complaint, as contemplated under Section 203 of the Code. Being aggrieved by the said order of dismissal, the petitioner has approached this Court by filing the present Revision Application.
4. I have taken into consideration the contentions raised by the learned Counsel for the parties. With the assistance of the learned Counsel for the parties, I have gone through the revision petition and the annexures thereto.
5. The petitioner is not personally aggrieved by the offences allegedly committed by the respondent no. 3. He has filed the complaint to see that an offender/wrong doer is punished. He detected serious wrongs and offences committed by the respondent no. 3, on the basis of certain information obtained by him under the Right to Information Act. The information which he received, revealed that the caste certificate submitted by the respondent no. 3 for securing his employment in the Government was not issued in a proper form or format. The petitioner learnt that the caste certificate did not bear any outward number and date, and that, it had not been issued by the authority competent to issue the same. The complaint filed by the petitioner proceeds on the footing that, the respondent no. 3 is actually not a member belonging to any Scheduled Caste.
6. In the course of investigation that is carried out, it has been revealed that the petitioner indeed belongs to a Scheduled Caste i.e. 'Chambhar'. That, that is the result of the investigation carried out, is not disputed before me. On specific questioning, it is conceded before me that, the investigation does reveal the caste of the petitioner to be 'Chambhar' and that, it is a Scheduled Caste notified in the Constitution.
7. The basis on which the allegation against the respondent no.3, of his having committed offences of forgery for the purpose of cheating and using a forged document knowing it to be forged, has been levelled by the petitioner, is that, the caste certificate produced by the respondent no. 3 is not in the prescribed form; that, it is not issued by the authority competent to issue the same; and that, there is no outward number and date on this certificate'. On these grounds, it is claimed that the caste certificate in question is indeed a forged document, and though the fact reflected therein, namely, 'that the respondent no. 3 belongs to a Scheduled Caste', is true and correct, the certificate is, nevertheless a false and forged document and has been used f
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