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2017 Supreme(Bom) 2406

R.M.BORDE, A.M.DHAVALE
Anant S/o Kacharu Hiwale – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr R. N. Dhorde, Senior Advocate i/b Mr Vikram R. Dhorde, Advocate
For the Respondent:Mr S. J. Salgare, Mr R. L. Kute, Advocate

JUDGMENT :

A.M. Dhavale, J.

1. Rule. Rule returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at admission stage.

2. The petitioners, who are Headmaster & Asst. Teacher, respectively, of a primary school run by respondent No. 5 – Institution, by this writ petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, seek quashing of First Information Report bearing Crime No. 3071/2016 dt. 04.08.2016 at Chalisgaon Police Station, Dist. Jalgaon, for offences under Sections 7, 12, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and further directions for prohibiting respondents No. 1 and 2 from taking any action against them on the basis of the same.

3. The facts relevant may be stated as follows:

The Petitioners no. 1 & 2 joined respondent No. 3 trust as Assistant Teachers on 30.05.1982 and 19.08.1988, respectively. Eventually on 19.02.2012, petitioner no. 1 was promoted as Headmaster in Hirubhai Himabhai Patel Primary School run by respondent No. 3. The impugned FIR dt. 04.08.2






























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