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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (ABA) NO.334 OF 2020

(Smt. Rajani wd/o Arun Jagtap and others Vs. The State of Maharashtra thr. PSO PS

Sawangi (Meghe), Wardha, Tah. & Dist. Wardha)

CRIMINAL APPLICATION (ABA) NO.337 OF 2020

(Smt. Anita w/o Sunil Shinde and others Vs. The State of Maharashtra thr. PSO PS

Sawangi (Meghe), Wardha, Tah. & Dist. Wardha)

CRIMINAL APPLICATION (ABA) NO.352 OF 2020

(Sau. Aruna w/o Laxman Raut and others Vs. The State of Maharashtra thr. PSO PS

Sawangi (Meghe), Wardha, Tah. & Dist. Wardha)

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Office Notes, Office Memoramda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar’s Orders.

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Mr. Sachin Sambre, Advocate for Applicants.

Mr. V.A. Thakare, APP for Non-Applicant/State.

CORAM: ROHIT B. DEO, J.

DATE: 18

th JANUARY, 2021.

These three applications arise from Crime

379/2020 registered at Police Station Sawangi (Meghe),

Wardha for offences punishable under sections 420, 468

and 471 read with section 34 of the Indian Penal Code on

the basis of the First Information Report dated 22.08.20202

lodged by Mr. Sanjay Patil, Block Development Officer.

2.

Mr. Sachin Sambre submits that it is a matter of

record that the applicants have correctly disclosed their

caste in the application seeking benefit under the Ramai

Awas Yojna, which is restricted to the Scheduled Castes.

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3.

Mr. Thakare, the learned Additional Public

Prosecutor, who is assisted by Mr. Mahesh Rai for the

whistle blower, submits that while the caste is correctly

disclosed in the application, during the process, the caste

certificates which are enclosed along with the applications,

were found to be false and therefore, obviously fabricated.

4.

These applications were heard on several

occasions and adjourned for one reason or the other. In the

interregnum, some arrests are effected. However, whether

the caste certificates are forged and fabricated by the

applicants or some other person who wanted to oblige the

applicants to strengthen his vote bank, is blurred.

5.

Mr. Sambre would submit that the applicants 3

and 5 Sau. Sunita Selghare and Nalu Thakare in Criminal

Application (ABA) 334/2020, applicants 2 and 4 Sau. Jyoti

Dhage and Indu Raut in Criminal Application (ABA)

337/2020 and applicant 7 Sau. Laxmi Darware in Criminal

Application (ABA) 352/2020 shall deposit with the Zilla

Parishad the amount received as benefit, within the next

thirty days and other applicants shall deposit the entire

amount of benefit within the next one year.

This submission, which is made on instructions, is accepted

as an undertaking to the Court. Notably, affidavits are filed

and the liability to deposit/refund the benefit is not denied

by any applicant.

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6.

As a condition for grant of pre-arrest protection,

the applicants were directed to attend the police station,

which they have done.

7.

Considering that the applicants are women and

hail from weak socio economic and rustic background, I am

inclined to make the pre-arrest protection granted vide

order dated 11.09.2020 absolute with the only modification

that till the filing of the charge-sheet, the applicants shall

attend the concerned police station as and when required

by the Investigating Officer.

JUDGE

NSN