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 Certificate Scrutiny Committee invalidated the caste claim of the Petitioner on the ground that the documents in respect of grand father of the Petitioner are bogus and fabricated documents. The Caste Certificate Scrutiny Committee directed the Police Inspector attached to the Vigilance Cell to lodge FIR under Section 11(1)(a) & (b) of the Maharashtra Schedule Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000 (For short “the Caste Certificate Act, 2000) and accordingly FIR under Section 11(1)(a) & (b) of the said Caste Certificate Act, 2000 a/w Sections 420, 468 and 471 of the Indian Penal case was lodged against the Petitioner with the Sadar Bazar Police Station, Solapur. The Sadar Bazar Police Station, Solapur after investigation in the matter filed a Chargesheet. Statements of the witnesses were recorded. The Petitioner herein who is the original accused has filed an application under Section 239 of the Criminal procedure Code before the learned Chief Judicial Magistrate, Solapur for discharge. It is the case of the Petitioner that the charge against her is groundless. She has not committed offence of forgery and she is not known about the authors of the alleged forged document. There is no sufficient evidence against her for framing charge. It is her case that she has been falsely implicated in this case.

4. The learned Chief Judicial Magistrate, Solapur came to a conclusion that the genuineness of the alleged forged document needs to be determined. It was also held that there is sufficient material to sustain the charge against the accused. The learned Chief Judicial Magistrate, after considering the material on record rejected the discharge application filed by the Petitioner.

5. Aggrieved by the order passed by the learned Chief Metropolitan Magistrate, the Petitioner preferred Revision Application No.73 of 2016 before the Sessions Court, Solapur. On perusal of the material placed on record, the learned Additional Sessions Judge, Solapur came to a conclusion that it is necessary to ascertain whether the documents submitted by the Petitioner herein before the Caste Scrutiny Committee are genuine or whether she has committed any offence as alleged in the complaint and for that purpose it is necessary that the Petitioner/Applicant shall receive a fair trial. The learned Additional Sessions Judge therefore confirmed the order passed by the learned Chief Judicial Magistrate and dismissed the said Revision Application by order dated 05/11/2016. It is the said order dated 05/11/2016 passed by the learned Additional Sessions Judge, Solapur, which is taken exception to by way of the above Writ Petition.