Order 1

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IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
10TH COURT, ANDHERI, MUMBAI
C.C.No. 2977/PW/2018
ORDER BELOW EXH. 3
The accused has sought discharge u/Sec. 239 of Cr.P.C. in
pursuance of the process issued against him in C.C.No. 2977/PW/2018 for
offences p/u/s. 420, 465, 468, 471 of IPC r/w Section 10 to 12 of the
Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta
Jatis), Nomedic Tribes, other backward classes and Special Backward
category (Regulation of Issuance And Verifications of) Caste Certificate Act,
2000. Hereinafter referred as Maharashtra Caste Certificate Verification Act
for short.
2. The prosecution has opposed the application through reply dated
21/12/2024.
3. Heard both sides. Perused the record. Following points for
determination arose from my consideration. I have recorded to my findings to
them for the reasons mentioned therein.
Sr.
No
Points for the Determination Findings
1 Whether applicant is entitled for discharge
u/Sec. 239 of Cr.P.C.
….In the Negative
2 What order ? …. Allowed
REASONS
AS TO POINT NO.1
4. Before appreciating the contents in the application, it is necessary
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to consider the FIR as well as substance in the charge-sheet. FIR came to be
registered on report of Sr. Asstt. Administrative Officer of Mrs. Chandaben
Mohanbai Patel Homeopathic Medical College who has complained that
present accused Arbaz Aslam Patel submitted fake caste certificate in the
college at the time of applying for admission in the process conducted
through Directorate, Medical Education and Mumbai, Maharashtra. It is
alleged that in the academic year 2016-17 the documents submitted by
accused at the time of admission were forwarded to the Project Officer,
Integrated Housing Development Project, Borivali (E) for approval of
scholarship to accused for academic year 2016-17. Same were forwarded to
Scheduled Tribe Caste Verification Committee Nandurbar by the Project
Officer, Integrated Housing Development Project, Borivali (E). It was
informed that the Caste certificate submitted has not been verified by the said
authority and nor did it issue the same. Thereafter, directions were issued by
the The committee therefore, proposed to cancel the Directorate, Medical
Education and Mumbai, Maharashtra to cancel the admission and take
necessary action. Therefore, the Principal of Mrs. Chandaben Mohanbai Patel
Homeopathic Medical College informed Juhu P.S. about these facts and also
that the accused has taken benefit in academic year 2015-16 on the basis of
same Caste Verification Certificate. FIR was registered, during investigaiton it
revealed that another accused Dr. Abdul Wahab Haji Daud Mirza had
prepared the forged caste certificate and the applicant/accused submitted it
for admission in college. Therefore, charge-sheet came to be filed.
5. The discharge has been claimed on the ground that cognizance
of offences under Maharashtra Caste Certificate Verification Act can be taken
only on the basis of the complaint filed by Scrutiny Committee or the person
authorized by Scrutiny Committee and the Judgments of the Hon’ble Bombay
High Court in Vikas Majrikar V/s. State of Maharashtra (2015(3) BOM. C.R.
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(Cri)758) was pressed into service. It is further alleged that the applicant had
no knowledge of the documents submitted by Dr. Wahab Mirza i.e. accused
No.2 who has actively participated in the admission process. It is further
alleged that prima facie there is no material suggesting inducement or
misrepresentation by the applicant to attract Section 420 of IPC and the
Judgment of the Hon’ble Supreme Court in V.Y. Jose and Anr. V/s. State of
Gujarath and Anr. [ (2009) 3 SCC 78] was pressed into service. It is further
alleged that the offences u/Sec. 465, 467, 468 and 471 of IPC are not made
out against applicant as there is no material to suggest his involvement in
preparation of alleged forged documents and thus the accused be discharged.
The judgment of the Hon’ble Supreme Court in Dilawar Balu Kurane V/s.
State of Maharashtra [2002(1) JCC 272] as well as P.Vijayan V/s. State of
Kerala [(2010) 2 SCC 398] are relied upon by the accused for the purpose of
discharge application.
6. Indeed, from the arguments of the both sides as well as on
perusal of provisions of Maharashtra Caste Certificate Verification Act, there is
bar in taking cognizance of offences punishable under said Act unless the
complaint is filed by the Scrutiny Committee or the person authorized by
Scrutiny Committee. Therefore, the accused before the Court cannot be
charged for the offences punishable under Maharashtra Caste Certificate
Verification Act.
7. As regards offence under Section 420 of IPC alongwith Section
465, 468 and 471 of IPC, it is alleged that accused Dr. Abdul Wahab Hazi Ali
has forged the documents. Chargesheet shows that the applicant/accused
Arbaz Patel made statement that Dr. Abdul Wahab Hazi Ali had got the
documents prepared and submitted for the purpose of admission and he had
no knowledge of the same. It is the case of the prosecution that on the basis
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of forged Caste Verification Certificate applicant/accused Arbaz Patel had
enjoyed scholarship of Rs.85000/- for the academic year 2015-16. The person
who applied for the admission is Arbaz Patel even though he might have hired
services of Dr. Abdul Wahab for the purpose of admission. As the Caste
Verification Certificate suggested that he falls under the Scheduled Caste
which is entitled for benefits like scholarship, it is in the nature of inducement
to college to gain the benefits and in absence of such certificate the college
would not have extended the benefits. Therefore, prima facie offence under
Section 420 of IPC is made out.
8. Offence u/Sec. 465, 467, 468 and 471 are the punishable Act of
forgery of valuable security or document to receive money or forgery for the
purpose of cheating and forgery and using as genuine a forged document.
Though applicant claimed that he has not been involved in act of forgery but,
by submitting forged Caste Verification Certificate, he has received monitory
benefits in the form of scholarship. He has prima facie used the forged Caste
Verification Certificate for the purpose of cheating. He has also used forged
document as genuine despite knowing it to be forged. The Judgments cited by
the accused on the point of cheating and forgery are different on factual
aspect and therefore, the accused cannot take aid of the law laid down
therein. For all these reasons, there is prima facie sufficient material to frame
charge against the applicant/accused under Sections 420, 465, 467, 468 and
471 of IPC. Thus, following order :
ORDER
Application stands rejected.
(S.G. Agrawal)
Place : Mumbai. Judicial Magistrate (F.C.)
Dated : 22/04/2026 10th Court, Andheri, Mumbai.
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