ABDUL GAFFAR QUADRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith with the consent of the parties. Heard both sides finally considering exigency in the matter.

(2.) Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure to challenge following orders passed by the Judicial Magistrate First Class, Aurangabad in R.C.C. No.654/2013 :

(3.) In a private complaint which was filed by the Respondent No.2 registered as R.C.C. No.654/2013, the allegations are that the Petitioner is the President of Education Institution which runs aided school. Respondent No.2 is his nephew who was appointed as Peon on the basis of forged transfer school certificate and without following procedure of law. Though he was illiterate, he was shown to be 5th standard passed. On the basis of bogus documents, approval was secured from the Education Officer. Due to illegal appointment, Petitioner and Respondent Nos. 2 and 3 deceived the Government and public exchequer. It is stated that they have committed offence under Ss. 409, 465, 467, 471 read with 34 of the Indian Penal Code.