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2017 Supreme(Bom) 2648

R.M.BORDE, A.M.DHAVALE
Nivrutti – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants :Mr. R.N. Dhorde, Senior Advocate i/b Mr. Vikram R. Dhorde, Advocate.
For the Respondents:Mr. S.J. Salgare, APP. Mr. A.N. Kakade, Advocate, Mr. R.L. Kute, Advocate.

JUDGMENT :

A.M. DHAVALE, J.

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

2. The petitioner, who is Headmaster of 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, 1973 seeks quashing of First Information Report bearing Crime No. I63/ 2016 dt. 04.03.2016 registered against him at Shevgaon Police Station, Dist. Ahmednagar, for offences under Sections 7 & 15 of the Prevention of Corruption Act, 1988.

3. The facts relevant may be stated as follows:

The petitioner, who belongs to Scheduled Tribe category, was appointed as Assistant Teacher by respondent No. 5 on 16.08.2002. He was promoted as Headmaster on 01.06.2010 and was transferred to Shriram Vidyalaya at Dhor-Jalgaon, Tq. Shevgaon, Dist. Ahmednagar, on 31.05.2015. Respondent No. 4 - Ganesh Ramnath Pagar was already serving there as Assistant Teacher. Respondent No. 3 - Sau. Sunanda is a wife of respondent No. 4 Ganesh. Respondent No. 4 had a bad office record. His previous three ACRs' (Annual Confidential Reports) written b



































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