Bombay High Court
Bharat Aatmaram Patil-Suryawanshi vs The State Of Maharashtra And Another on 3 January, 2024
Author: R.G. Avachat
Bench: R.G. Avachat
2024:BHC-AUG:606-DB
Cri.Appln. No.72/2022
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.72 OF 2022
Bharat s/o Aatmarao Patil-Suryawanshi
Age 48 years, Occu. Service as
Under Secretary, R/o Divshi (Bk.),
Tq. Patan, District Satara ... APPLICANT
VERSUS
1. The State of Maharashtra
Through Police Inspector,
Nandurbar City Police Station,
Nandurbar, Dist. Nandurbar
2. Balasaheb Murlidhar Mohan,
Age 52 years, Occu. Service,
R/o the then Additional Chief Executive
Officer, Zilla Parishad, Nandurbar
(Copy of respondent No.1 to be served
through the office of Public Prosecutor,
High Court, Bench at Aurangabad) ... RESPONDENTS
.......
Mr. C.D. Mane, Advocate holding for Mr. Gulam Dastgir Shaikh and
Mr. R.M. Vajir, Advocate for applicant
Mr. A.R. Kale, Addl. P.P. for respondent No.1.
Mr. M.S. Sonawane, advanced for repsondent No.2.
.......
CORAM : R.G. AVACHAT AND
SANJAY A. DESHMUKH, JJ.
Date of reserving judgment : 21st December, 2023
Date of pronouncing judgment : 3rd January, 2024
JUDGMENT (PER R.G. AVACHAT, J.) :
This is an application under Section 482 of the Code of
Criminal Procedure. The applicant herein is original accused No.6
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in Charge Sheet, which is filed pursuant to Crime No.33/2018,
registered with Nandurbar City Police Station for the offence
punishable under Sections 464, 465, 468, 471, 420 read with
Section 34 of the Indian Penal Code.
FACTS :-
2. Respondent No.2 herein was serving as Additional
Chief Executive Officer, Zilla Parishad (Z.P.), Nandurbar. It is he
who has lodged the above mentioned F.I.R., which reads as under :
"fnukad 10-04-2017 rs fnukad 13-07-2017 ;k
dkyko/khr uanqjckj 'kgjkr ftYgk ifj"kn] uanjckj ;k
dk;kZy;kr ojhy f'k{kdkalaca/kh vkysys 'klukps vkns'k
;kaph 'kgfu'kk u djrk o vkysys cukoV 'kklukps
vkns'k gs ofj"Bk le{k fVIiuh}kjs lknj d#u ojhy
ykHkkFkhZ f'k{kd gs ik= n'kZowu 'kklukph laxuerkus
Qlo.kwd d#u ojhy vik= f'k{kdkauk uksdjhoj #tw
d#u ?ks.ks ckcr vkns'k ns.;kl Hkkx ikMY;kus ek>h
ojhy vik= f'k{k.k o ftYgk ifj"kn] uanwjckj
dk;kZy;krhy ojhy use.kqdhps vf/kdkjh o deZpk&;k
fo#/n fQ;kZn vkgs-"
3. Zilla Parishad, Nandurbar had received a letter from
Deputy Secretary, Rural Development on 19/1/2018. It was stated
in the letter that, on the basis of a forged order, appointments were
given to 31 Special Teachers. Names of those Teachers have been
mentioned in the F.I.R. These persons presented false and
fabricated Unit Approval, Sanch Approval and Personal Approval
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along with appointment orders. Names of these 31 Teachers did
not figure in the list of 595 Teachers who were to be
accommodated. There were 341 such Teachers in Nasik Division.
The concerned staff members of the Education department, without
verifying the original documents, put up a proposal for appointment
of these 31 Teachers. Some of the staff members of the Zilla
Parishad were hand in gloves with the officials of the Education
Department. Based on such proposal, posting orders were
obtained from the C.E.O., Z.P., Nandurbar. An enquiry committee
headed by Deputy C.E.O. was appointed in this regard. Based on
the said report and on the directions of the C.E.O., the F.I.R. was
lodged.
4. The crime was investigated and the charge sheet has
been filed. The applicant was at the relevant time Under Secretary,
Rural Development Department, Mantralaya, Mumbai. He is stated
to be a mastermind of the crime in question. He is alleged to have
forged and fabricated the orders issued from Mantralaya.
5. Heard. Learned counsel for the applicant would submit
that there is no shred of material even remotely suggesting the
applicant's involvement in the crime in question. Various
appointment orders were issued in compliance with the
Government Resolution dated 15/10/2010. The officials based at
Nandurbar fabricated and forged the documents. The beneficiaries
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are not proposed to be prosecuted. Name of the applicant does not
figure in the enquiry report and F.I.R. as well. No original
appointment orders were ever placed before the C.E.O. nor have
those been seized and made part of the charge sheet. The file put
up before the C.E.O. contained either photo or scan copies of
original documents. Handwriting expert did not give any opinion
since original documents were not placed before him. According to
learned counsel, the offence is alleged to have been committed by
the applicant in discharge of his official duties. No sanction for
prosecution of the applicant has been obtained under Section 197
of the Code of Criminal Procedure. The learned counsel ultimately
urged for allowing the application.
6. Respondent No.2 filed his affidavit-in-reply, stating
therein the applicant to be the main culprit. He joined hands with
the co-accused in fabricating false documents. The learned
Addl.P.P. would submit that the applicant was based in Mumbai. He
exerted his clout and got himself appointed as a one man
committee for surprise inspection and scrutiny of orders lawfully
issued by the Government, but tampered at local level. According
to him, the applicant and the co-accused who were at the relevant
time serving with the Education Department, duped unemployed
youths. Hefty amounts were received from them. According to
learned Addl.P.P., there is material to proceed against the applicant.
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He, therefore, urged for rejection of the application.
7. Considered the submissions advanced. Perused the
F.I.R. and the related police papers. There was a scheme,
"Integrated Education for Disabled Students". It was sponsored by
the Central Government. The scheme was, however, discontinued
by the Central Government. About 595 Special Teachers were
serving under the said Scheme along with some attendants. The
State Government, by its Government Resolution dated 15/9/2010,
decided to accommodate all of them. The Special Teachers were
directed to be accommodated in Primary Schools run by local
authorities such as Zilla Parishad, Municipal Council, Municipal
Corporation etc. The subject matter of the present crime pertains to
31 persons who are none of those 595 Teachers to be
accommodated in various schools. These 31 persons named in the
F.I.R. were given postings by the C.E.O., Z.P., Nandurbar on
approval of the proposal in that regard. A complaint in that regard
was received. The C.E.O., therefore, appointed a two member
committee to enquire into the matter. The Committee was headed
by Dy. C.E.O., Z.P., Nandurbar. He submitted his report dated
9/2/2018. The report suggests none of the original documents were
ever placed before the C.E.O. The concerned officials ought to
have verified the original documents first. A list of 595 Special
Teachers to be accommodated pursuant to the Government
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Resolution dated 15/10/2010 was very much available with the
office of Director of Education, State of Maharashtra and Deputy
Director (Education), Nasik Division. The names of those
appointed did not figure in the said list. The officials of the
Education Department, beneficiaries and certain staff members of
the Zilla Parishad were held responsible. The name of the
applicant neither figures in the enquiry report nor in the F.I.R.
lodged pursuant thereto.
8. Two letters dated 4/5/2017 and 16/6/2017 allegedly
under the signature of the present applicant are said to have been
forged and fabricated. Photo copies of both the documents are on
record. Vide first letter dated 4/5/2017, 22 persons were directed to
be accommodated while the second letter dated 16/6/2017 covers
13 persons. Names of the persons mentioned in both these letters
did not figure in the original list of 595 Teachers directed to be
accommodated. Admittedly, none of the original documents were
ever placed before the C.E.O. It is the case of the prosecution that,
photo/ scan copies of all the original documents were used for
committing forgery of the documents dated 4/5/2017 and
16/6/2017. During the investigation, specimen signatures of the
applicant were obtained. The forged documents along with
specimen signature of the applicant were submitted to the
handwriting expert for examination and opinion. The expert did not
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give any opinion for the reason, "these signatures do not provide
the characteristics which are essential for strokes and their
examination viz. line quality, movement, pen-pressure, conditions of
stokes and their combination etc. as it has not been possible
express. Any definite opinion as regards their authorship with the
signature at Hereto annexed and marked as Exhibit S-1 to S-12
and N-1 to N-9 for want of original signatures for the purpose of
scientific examination."
9. The State of Maharashtra/ the Head of the Department
with which the applicant was serving at the relevant time, did not
initiate any departmental enquiry against the applicant. Meaning
thereby the State did not see the applicant's involvement. Be that
as it may. Scrutiny of all the police papers though indicate that the
crime in question in fact was committed, there is no shred of
material which could be converted into admissible piece of
evidence to make the applicant stand trial for the offence/s. It is
reiterated that, the original documents under the signature of the
applicant were scanned or photo copies thereof were obtained for
forging the documents dated 4/5/2017 and 16/6/2017. The
statements on record indicate the involvement of some of the co-
accused. Nobody, however, speaks against the applicant herein.
As such, it is a case of no material to proceed against the applicant.
As regards question of sanction under Section 197 of the Code of
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Criminal Procedure is concerned, we are not in agreement with the
submissions made by learned counsel for the applicant. Making a
false document or forging the same can never be a part of official
duty. Moreover, such question needs to be addressed by the trial
Court. We have, therefore, no option but to allow the application.
In the result, the application succeeds. The application is allowed
in terms of prayer clause (B), so far as the present applicant is
concerned.
10. The observations made herein are prima facie in
nature.
(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)
fmp/-
