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Bombay High CourtWP/233/2015rejected

Sanjay S/O Uttamrao Adsod And Others v. State Of Maharashtra, Through P.S.O. Gadge Nagar, Police Station, Amravati And Another

2015-03-17Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

wp233.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.233 OF 2015 Sanjay S/o Uttamrao Adsod and ors ...vs...

State of Maharashtra, thr PSO, Gadge Nagar Police Station, Amravati and anr Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri Akshay Sudame, counsel for the Petitioners. Shri F.T. Mirza, APP for the State.

CORAM

: A. B. CHAUDHARI & P.N. DESHMUKH, JJ.

DATE : MARCH 17, 2015.

Heard.

Learned counsel for the petitioners states that the FIR has been registered against the petitioners in relation to the alleged forged transference certificates and for showing pseudo number of the students. He further submits that even if the allegations are taken at face value, the facts remain that the minimum requirement of students is only 25 as against 101 students actually on record in a class. Therefore, the question of any manipulation does not arise. He, therefore, submits that the FIR could have been registered at all and hence the same deserves to be quashed and set aside.

In our opinion, the question is not whether .....2/-

wp233.15 the petitioners have minimum students required, but the question is whether the petitioners are responsible for admitting the students on the basis of the forged, fraudulent transference certificates in school.

That being so, we cannot stop the investigation and, therefore, at this stage we are not in a position to entertain the petition. We, therefore, make the following order :

ORDER

i) Writ Petition No.233 of 2015 is not entertained at this stage and is rejected.

ii) The petitioners are at liberty to approach the competent Court after the investigation is completed.

JUDGE JUDGE !! BRW !!

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