1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.630 of 2010 [Nandkumar M. More Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Ambhay Sambre, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 27th April, 2010. 1. Heard both learned Adv. Mr. Abhay Sambre for the applicant and learned APP Mr. D.B. Yengal for the respondent. 2. Perused the affidavit of respondent, additional affidavit of the applicant and Case Diary. 3. Prosecution case is that in Writ Petition No.1480 of 2002, the applicant is one amongst the Writ Petitioners. 4. The said group of eighteen Writ Petitioners had sought a direction from this Court for early disposal of their respective caste claims. 5. It is further alleged that the Caste Certificates, in respect of which a direction 2 for their early scrutiny was sought by filing the said Writ Petition, were all bogus. 6. It is seen that during the course of investigation, the Investigating Officer has already come to hold mostly from the writ petitioner [applicant herein] a copy of Writ Petition No. 1602 of 1998 filed by the present applicant. 7. It is seen therefrom that the applicant's caste claim was invalidated by order dated 15th July, 1997 and the said order was challenged in the said Writ Petition No. 1602 of 1998. 8. It is also seen that the Division Bench of this Court had entertained the said Writ Petition and passed some orders, on the basis of which the applicant herein and the Writ Petitioner in Writ Petition No. 1602 of 1998 has secured admission to MBBS Course, completed it and got a job in Govt. hospital, and is currently serving. 9. From the material on record, it is proma facie borne out that the applicant cannot be one amongst those petitioners in the Writ Petition, which has led to lodging of the First Information Report. 10. It is a clear case where the Investigating Officer has conducted investigation against present applicant prima 3 facie and apparently maliciously, just by way of non-application of mind. 11. In this situation, the applicant is entitled to the relief sought. 12. In the event of arrest in Crime No. 58/2010 for offences punishable under Sections 420, 468, 471, 473 of Indian Penal Code, registered with Police Station, City Kotwali, Akola, the applicant be released on bail on furnishing a solvent surety in a sum of Rs.500- 00 [rupees five hundred only]. Judge |Hedau|