KHANDU BHIVAJI JOGDAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Application is filed under Section 439(2) of Cr.P.C. for cancellation of anticipatory bail granted by Additional Sessions Judge, Ambajogai in Misc. Criminal Application No. 502/2012. Learned counsel for applicant is heard. Respondent No. 2 has not turned up. As per record, respondent No. 2 was served before and after keeping the matter for final disposal. Learned APP is also heard. He supported the application. Crime is registered on the basis of direction given by JMFC u/s. 356(3) of Cr.P.C. Private complaint was filed by present applicant. Applicant has made allegations against respondent No. 2 that when respondent No. 2 filed nomination paper for the post of Sarpanch, he produced false caste validity certificate. According to complainant, he had taken objection to the nomination on this ground. According to him, he had confirmed by collecting information that the respondent No. 2 was not employee of Zilla Parishad and there was no reason for Chief Officer to send the matter through Zilla Parishad. According to him, it was also confirmed that caste validity certificate bearing No. 8949 was not issued to respondent No. 2 but it was issued to another person like Baliram Mahadeo Jogdand.

(2.) It appears that Writ Petition No. 7809/12 was filed by respondent No. 2 to challenge the order made by Collector. In that proceeding, by order dated 10/10/12, this Court had directed to ascertain genuineness of the validity certificate filed by respondent No. 2. In response to that order, information was supplied by caste scrutiny committee by letter dated 15/10/12. It was informed that the certificate bearing No. 8949 was issued to one Baliram Mahadeo Jogdand and not to respondent No. 2. Copy of validity certificate prepared by scrutiny committee was supplied to the learned APP at that time. This record shows that certificate bearing No. 8949 was issued in favour of Baliram Mahadeo Jogdand. Attempts were made to use different signatures of the members of the scrutiny committee also. It appears that in view of these circumstances, this Court disposed of the Writ Petition and no relief was given to respondent No. 2. The learned counsel for applicant submitted that the Collector had given stay against respondent No. 2 and he was prevented from functioning as Sarpanch in view of this record.

(3.) Copy of the order made by Additional Collector in this regard is also produced in this proceeding. Reasoning given by Additional Sessions Judge, Ambajogai shows that the Sessions Court has observed that there are allegations made due to political rivalry. It is also observed that alleged caste certificate and its validity certificate were submitted before Election Commission and there was no question of recovery of any document. This order was made on 25/10/12. This Court had made order for production of record in Writ Petition No. 7809/12 dated 10/10/12 and the order of disposal was made on 30/10/12.