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2019 Supreme(Bom) 1324

S.S.SHINDE
Safa Khwaja Shaikh – Appellant
Versus
State of Maharashtra, Through Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.G. Reddy (Aradwad)
For the Respondent: Mr. Vinod Chate, APP

JUDGMENT :

1. Rule. With the consent of the learned counsel for the parties, Rule is made returnable forthwith and heard.

2. By this Writ Petition the Petitioner challenges the judgment and order dated 05/11/2016 passed by the learned Sessions Judge, Solapur by which order Criminal Revision Application No.73 of 2016 filed by the Petitioner came to be dismissed. By the impugned order, the learned Sessions Judge confirmed the order dated 09/03/2016 passed by the learned Chief Judicial Magistrate, Solapur, below Exhibit 12 in RCC No.22 of 2014 rejecting the discharge application of the Petitioner.

3. The facts giving rise to filing of the present Writ Petition, in brief, can be stated thus:-

The Petitioner took admission for Diploma in Information Technology in A G Patil Polytechnic Institute at Solapur under reserved category of OBC. The Petitioner claims to belonging to Julaha Caste which is recognized as OBC in the State of Maharashtra. The caste certificate of the Petitioner referred to the Caste Certificate Scrutiny Committee for verification. It is the case of the Petitioner that the Vigilance Cell came to a conclusion that the Petitioner belongs to Julaha caste. However, the Caste

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