Criminal application seeking quashment of prosecution for forgery and cheating regarding false student strength reports for government aid. High Court dismissed the application, rejecting the plea that applicants were wrongly implicated.
Application for quashment of the criminal case and charge sheet was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
937.crl.Appln.1536.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1536 OF 2023
Mr. Govind A. Kulkarni, advocate for the applicants Mr. V.S. Badakh, APP Respondent/State
CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.
DATE : 25.04.2023
ORDER (MANGESH S. PATIL, J.) :
Heard the learned advocate Mr. Kulkarni for the applicants.
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937.crl.Appln.1536.23.odt
of the witnesses, are to the effect that though the students strength of the school being run by the Management of which the applicants are the President and Secretary was not adequate and was not found entitled to receive the Government grant, the school report card for the year 2018-19 was forged and fabricated to show increased strength of students to grab the government aid. Thus, the applicants and the other accused have indulged in forgery, used the forged documents and cheated the government, dishonestly and fraudulently, to claim the grant.
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937.crl.Appln.1536.23.odt
created regarding students strength to grab government aid which otherwise was not admissible to the petitioners’ school. Though an attempt is being made by the applicants to pass on the blame to the in-charge headmaster who is also an accused, it is highly improbable and unbelievable that an incharge headmaster who otherwise may not have an axe to grind could have indulged in forgery behind the back of the Management headed by the applicants who are president and secretary. Ultimately, it is the Management which runs the school through a headmaster.
(ABHAY S. WAGHWASE, J.)
(MANGESH S. PATIL, J.)
habeeb
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2 issues framed by the court
Whether to quash the criminal case registered against applicants for forgery and cheating in a school grant application.
Whether the alleged forgeries were committed by the applicants or solely by the in-charge headmaster.
Kakasaheb S/o. Eknathrao Jadhav
Kalpana K. Jadhav
The State of Maharashtra
Kishor S/o. Bhujangrao Tambe
Mangesh S. Patil
Abhay S. Waghwase
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
