Mr. Anil Bhauraoji Tadas vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 2866 Bom

                                                    1              19-APL-61-2015.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR

             CRIMINAL APPLICATION (APL) NO. 61 OF 2015

 Mr. Anil Bhauraoji Tadas,
 Aged about : 42 years,
 Occupation - Service,
 R/o Deoli, Tq. - Deoli,
 Dist. - Wardha.                                             ... APPLICANT

                                 VERSUS

 1. State of Maharashtra,
    Through its P.S.O.
    P.S. - Wadgaon Road,
    Yavatmal (M.S.).

 2. Sayyed Maksood Ali s/o Sayyed
      Rashid Ali, Aged about : 46 years,
      R/o Sawar, Tq. - Babulgaon,
      Dist. - Yavatmal.                                       ... NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri Firdos Mirza, Advocate for applicant.
 Shri T.A. Mirza, Additional Public Prosecutor for non-applicant
 No.1-State.
 Shri Mohammad Ateeque, Advocate for non-applicant No.2.
 -------------------------------------------------------------------------------------------
                                CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 12/02/2021.

ORAL JUDGMENT : (PER : Z.A. HAQ, J.)

1. Heard.

2. A Society registered under the Societies

Registration Act, 1860 and the Maharashtra Public Trusts Act,

1950 as "Urooje Urdu Education Society, Kalamb (hereinafter

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referred to as "the Society") established in 1993-94 is running a

Secondary School at Sawar, Tq. Babhulgaon, Dist. Yavatmal since

1997. The school administered by the Society came to be

recognized for the purpose of grants from the State Exchequer. On

22/06/2014, the non-applicant No.2 lodged a report with the non-

applicant No.1 - Police Station contending that Abdul Kalim Abdul

Kadar, Ex-Secretary of the Society had misappropriated the

amount of grants received from the Education Department during

the period from April, 2011 till July, 2012 and a complaint about

it was made on 02/07/20213 because of which Crime

No.188/2013 was registered for the offences punishable under

Sections 420 and 34 of the Indian Penal Code. In the report

lodged by the non-applicant No.2, it was alleged that to appoint

Wasimoddin Lehajoddin Patel as the Headmaster of the school

administered by the Society, Anil Bhauraoji Tadas (present

applicant), Rajendra Wasudeorao Wankhade, Headmaster of Ekta

Madhyamik Vidyalaya, Mendhla, Tq. Kalamb, Dilip Manikrao

Wasekar, President of Ekta Madhyamik Vidyalaya, Mendhla, Tq.

Kalamb and Shoyab S. Shah, Headmaster, Elegant English

Medium School, Ner, Tq. Ner, Dist. Yavatmal had issued bogus

certificates to show that Wasimoddin Patel had requisite

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experience for the post of Headmaster as per Rule 3 of the

Maharashtra Employees of Private Schools (Conditions of Service)

Rules, 1981. In the complaint, it was alleged that on the basis of

the false and bogus certificates, Wasimoddin Patel was appointed

as Headmaster of the school and received salary from the State

Exchequer. On the basis of the report lodged by the non-applicant

No.2, the impugned First Information Report came to be

registered against Wasimmodin Patel, Abdul Kalim Abdul Kadar,

Rajendra Wasudeorao Wankhade, Dilip Manikrao Wasekar,

Shoyab S. Shaha and the applicant, for the offences punishable

under Sections 420, 468, 471, 120-B and Section 34 of the Indian

Penal Code.

The applicant has approached this Court by this

application under Section 482 of the Code of Criminal Procedure

praying that the First Information Report registered against him be

quashed. By the order dated 18/03/2015, this Court directed

issuance of notice to the non-applicants and further directed that

any coercive action should not be taken against the applicant.

After the non-applicants filed their responses and after hearing the

parties, by the order dated 21/09/2015, Rule came to be issued

and interim order was continued which operates till today.

                                            4             19-APL-61-2015.odt


 3.                   The complaint   of   the   non-applicant         No.2 -

Informant in short is that the accused Nos.2 to 6 (including the

applicant) illegally supported the accused No.1 - Wasimoddin

Patel to secure the appointment as Headmaster of the school

administered by the society, and the present applicant in

furtherance of that object, issued false and bogus experience

certificate. According to the non-applicant No.2 - Informant, the

applicant misused his authority as Headmaster of Madhyamik

Vidyalaya Wabgaon, Tq. Deoli, Dist. Wardha and issued bogus

certificate in favour of the accused No.1 - Wasimoddin Patel that

the accused No.1 - Wasimoddin Patel had worked in Madhyamik

Vidyalaya, Wabgaon for the period from 02/07/2001 till

30/04/2002 though the accused No.1 - Wasimoddin Patel never

worked in Madhyamik Vidyalaya, Wabgaon. According to the non-

applicant No.2 - Informant, the applicant misused his authority as

Headmaster of the school and permitted interpolation in the

attendance register and other relevant documents to show that the

accused No.1 - Wasimoddin Patel worked in Madhyamik

Vidyalaya, Wabgaon from 02/07/2001 till 30/04/2002.

5 19-APL-61-2015.odt

4. The facts on record show that the accused No.1 -

Wasimoddin Patel was appointed as the Headmaster of the school

administered by the society by order dated 07/03/2013. The

appointment of accused No.1 - Wasimoddin Patel as the

Headmaster of the school was granted approval by the Education

Officer by communication dated 23/08/2013. Because of the

complaint made by the non-applicant No.2 to the Education

Department, the approval granted to the appointment of applicant

was cancelled by communication dated 19/06/2014. This decision

of cancellation of approval was challenged by the accused No.1 -

Wasimoddin Patel before this Court in Writ Petition

No.3015/2014 which was allowed by the judgment dated

06/04/2015 and the decision of the Education Officer

incorporated in the communication dated 19/06/2014 was set

aside and the Education Officer was directed to reconsider the

matter after hearing Wasimoddin Patel. The Education Officer, by

communication dated 18/05/2015 again cancelled the approval

granted to the appointment of Wasimoddin Patel. This decision is

challenged before this Court by Wasimoddin Patel in Writ Petition

No.5076/2015 in which Rule is issued and the effect and

operation of the decision of the Education Officer is stayed. Writ

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Petition No.5076/2015 is pending for adjudication and the interim

order continues in favour of Wasimoddin Patel.

5. At the time of hearing, submissions filed by the

present non-applicant No.2 in Writ Petition No.5076/2015 are

pointed out in which the non-applicant No.2 has stated on oath

that Wasimoddin Patel possessed the requisite experience and

qualifications for being appointed on the post of Headmaster and

a resolution is passed by the society on 03/01/2016 to that effect

and the complaint of the non-applicant No.2 in that regard is not

valid. The non-applicant No.2 has filed his submissions in Writ

Petition No.5076/2015 in the capacity as President of the society.

The net result is that Wasimoddin Patel continues as the

Headmaster of the school administered by the society and is being

paid from the State Exchequer.

In this background, we are examining the legality

of the report lodged by the non-applicant No.2 against the

applicant, voicing grievance that the applicant issued false and

bogus certificates in favour of Wasimoddin Patel on the basis of

which Wasimoddin Patel got appointed as the Headmaster of the

school.

7 19-APL-61-2015.odt

6. We find that except for the bald averments of the

non-applicant No.2 in the report lodged by him that the accused

Nos.2 to 6 (including the present applicant) illegally supported

Wasimoddin Patel to secure the appointment on the post of

Headmaster of the school by supplying false and bogus

documents/certificates, there is no material on record to show

that the applicant was aware that the experience certificate issued

by him in favour of Wasimoddin Patel was to be used by

Wasimoddin Patel for such purpose. We find that in the

experience certificate, it was stated that Wasimoddin Patel had

worked in Madhyamik Vidyalaya, Wabgaon from 02/07/2001 till

30/04/2002 as an untrained teacher. It is well settled law that to

lay charge of cheating, the preliminary requirement of intention of

the accused at the inception should be fulfilled, which is lacking in

the present case.

As we find that the material on record is not

sufficient to justify the registration of First Information Report

against the applicant for the offence punishable under Section 420

of the Indian Penal Code, the registration of the offence

punishable under Section 468 of the Indian Penal Code also

cannot be sustained. The registration of First Information Report

8 19-APL-61-2015.odt

against the applicant for the offence punishable under Section 471

of the Indian Penal Code also does not withstand the scrutiny of

law as there is nothing on record to even remotely suggest that the

applicant had issued the experience certificate in favour of

Wasimoddin Patel for the purpose as alleged. Even going by the

accusations made by the non-applicant No.2, the complaint is that

Wasimoddin Patel has used the forged experience certificate as

genuine. It is not understood as to how the First Information

Report can be registered in such facts against the applicant for the

offence punishable under Section 471 of the Indian Penal Code.

7. On scrutiny of the matter, we find that the non-

applicant No.2 had abused the process of law and process of Court

with ulterior motive. The non-applicant No.2 filed complaint

against Wasimoddin Patel and challenged his appointment as the

Headmaster of the school of the society on the ground that he was

not having the requisite experience, and then after becoming

President of the society, a resolution is passed by the society

stating that now, Wasimoddin Patel fulfills the requirement of

experience and qualifications and therefore, he is appointed

permanently on the post of Headmaster of the school

administered by the society of which the non-applicant No.2 is the

9 19-APL-61-2015.odt

President. We fail to understand that as to how the appointment

of Wasimoddin Patel, if illegal at its inception can be regularized

subsequently without appointing him by following due procedure

for appointment on that post. Be that as it may, we are not

required to delve into those issues in the present matter. However,

we have dealt with this aspect to examine the conduct of the non-

applicant No.2.

8. We find that the report lodged by the non-applicant

No.2 against the applicant is not only unsustainable in law but is

vexatious. In our view, continuation of criminal proceedings

against the applicant, who happens to be the Headmaster of

Secondary School since last more than 20 years will result in

unnecessary harassment of applicant and would be an abuse of

process of Court.

9. Hence, we pass the following order :-

i] The First Information Report No.327/2014

registered against the applicant with the non-

applicant No.1 - Police Station is quashed.

ii] As we find that the report lodged by the non-

applicant No.2 against the applicant is vexatious,

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and looking to the facts which have come on record,

we impose costs of Rs.1,00,000/- on the non-

applicant No.2.

iii] The amount of Rs.1,00,000/- shall be

deposited by the non-applicant No.2 with the

Registry of this Court till 20/03/2021. On deposit of

amount of Rs.1,00,000/-, Rs.50,000/- be given to

the applicant and Rs.50,000/- be given to the office

of Government Pleader, Nagpur Bench, Nagpur in

Library Fund for making available video-

conferencing facility in the Government Pleader's

Office.

iv] If the amount of Rs.1,00,000/- is not deposited

by the non-applicant No.2 with the Registry of this

Court till 20/03/2021, issue bailable warrant

against the non-applicant No.2 - Sayyed Maksood

Ali s/o Sayyed Rashid Ali to secure his presence

before this Court on 31/03/2021.

                      JUDGE                              JUDGE

 Choulwar