1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINALWRIT PETITION NO.707 OF 2009 Rohini Hari Pawar ... PETITIONER VERSUS The Police Inspector, Police Station, Amalner and others ... RESPONDENTS ..... Shri B.S. Deshmukh, Advocate for the petitioner Shri S.D. Kaldate, A.P.P. for respondents ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 11TH AUGUST, 2009. ORAL ORDER : 1. Heard. 2. The petitioner was employed in Bank of Baroda. The Bank Manager forwarded the complaint to police that the petitioner had obtained a fake certificate of she belonging to Tokre Koli – Scheduled Tribe. It is informed to this Court by the counsel that on the said complaint, the investigation was conducted, charge sheet was filed and the trial Court convicted 2 and sentenced the petitioner for an offence punishable under Section 420 of the Indian Penal Code, by judgment and order dated 12.2.2009. It is further submitted by the counsel that an appeal against this judgment and order of the trial Court is filed before the higher Court which is pending before the Sessions Court. 3. During the course of hearing, on our query, it was informed to us that on 28.12.2001, the Committee verified the caste claim of the petitioner and rejected the same by order dated 28.12.2001. While dismissing the petitioner’s caste claim, the Committee directed Tahsildar and Executive Magistrate to launch prosecution against the petitioner. The counsel submits that as on today there is no information to the petitioner whether the prosecution is launched. 4. The petitioner raises an issue here that the communication made by the Bank Officer on the letter head of the Bank on 23.1.2002 are not genuine one, which has affected the trial. 5. These issues cannot be permitted to be raised by the petitioner now in the Writ Petition more particularly when the petitioner’s appeal is pending before the Sessions Court. 3 6. In fairness the petitioner ought to have placed before this Court by annexing copies of the order of the Committee and the order passed by this Court in a Writ Petition challenging the order of the Caste Verification Committee. According to the counsel, the petition was dismissed by this Court. 7. In exercise of extraordinary jurisdiction, there is absolutely no merit in the petition. The petition is misconceived. It is dismissed. The authorities concerned i.e. the Tahsildar shall verify as to whether the order passed by the Committee was complied or not and if not, the Collector concerned is directed to call for explanation from the Tahsildar. Registry to forward copies of this order to the Collector and Tahsildar. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) fmp/cwp707.09