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Bombay High CourtAPL/300/2023disposed off

Kushal Krushnrao Ambadkar v. State Of Mah. Thr. Pso Ps Anjangaon Surji Tq.Anjangaon Surji Dist.Amravati And Another

2023-03-06Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

1 7apl300.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 300/2023 (Kushal Krushnrao Ambadkar Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. A. Kadu, Advocate for applicant.

Mr. A. M. Kadukar, APP for non-applicant No.1. CORAM: VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 06/03/2023.

Heard.

2.

This application is seeking to quash First Information Report ('FIR') No. 578/2022 registered at Police Station Anjangaon Surji, Teshil Anjangaon Surji, Dist. Amravati for the offence punishable under Sections 417, 464, 465, 468, 471 of the Indian Penal Code. 3.

It is applicant's case that he has appeared and cleared Teachers Eligibility Test ('TET') and accordingly, certificate has been issued to him dated 01.05.2014. On the basis of that, petitioner was appointed as Shikshan Sevak in Primary School. The Education Officer has verified the documents including passing passing certificate of TET and accordingly gave approval for appointment on 17.03.2020. However, vide communication dated 14.07.2022, the Authority has informed that the applicant's TET Certificate is forged and fabricated, on the basis of which the Joint Secretary of the Education Society has filed FIR.

2 7apl300.23 4.

It is applicant's contention that the action is initiated after eight years and the communication does not specify the reasons for concluding that the certificate is forge. The Authority who conducts TET Examination itself has specifically informed that the applicant has not cleared examination and thus, certificate is forge. In the circumstances, investigation is necessary. Therefore, at this stage, we do not find any reason to interfere in it. 5.

Application stands disposed of with liberty to the applicant to approach this Court after filing of charge-sheet if he desires so.

( BHARAT P. DESHPANDE , J.) (VINAY JOSHI, J.) Gohane Digitally signed by JITENDRA BHARAT GOHANE Date:

2023.03.06 18:14:13 +0530 JITENDRA BHARAT GOHANE