Malkit Singh vs State of M.P. and Another

Indrani Datta, J.

With the consent of parties, matter is finally heard.

Invoking the inherent powers of this Court enshrined u/s 482 of Code of Criminal Procedure the Petitioner has filed this petition for quashing FIR in connection with Crime No. 621/2010 registered at Police Station Kotwali, District Ashoknagar for offence punishable under Sections 420, 467, 468 and 471, IPC.

Facts in compendium are that Respondent No. 2 Babulal filed a complaint against the Petitioner in the Court of CJM, Ashoknagar under Sections 420, 467, 468, 471, 472, IPC as per Annexure P-5. As per averments of complaint, the Petitioner filled nomination form for contesting the election for the post of Chairman, Jila Panchayat Ashoknagar and that post was reserved for a member of Scheduled Caste Category and the Petitioner filled the form showing himself as member of Scheduled Caste while in a Sessions Case No. 165/2002, which was pending against him under Sections 452, 323, 506B, 341, 34, IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at the time when Petitioner/accused was examined u/s 313 of Code of Criminal Procedure he had expressed himself to be a member of general category. He has suppressed the fact that Session Case No. 165/2002 was pending at the time when he filled the nomination form. As such he was filed false affidavit and on the basis of forged certificate, he has committed cheating. In some other documents mentioned in the complaint, Petitioner has shown himself of Sansi Caste and Sansi Caste does not come in Scheduled Caste category. On these grounds complaint was filed before the learned CJM. The learned CJM directed the concerning Police Station Kotwali, District Ashoknagar for investigation and FIR was lodged concerning Crime No. 621/2010 under the above- mentioned Sections. Hence, this petition for quashing the FIR concerning Crime No. 621/2010 registered at P.S. Kotwali, District Ashoknagar.

It is contended by the learned Counsel for the Petitioner that such criminal proceedings cannot be initiated against the Petitioner on the legal ground. The Petitioner belongs to Sansi Caste which is one of the recognised Scheduled Castes so he applied before the SDO for granting Caste Certificate on his application, Tehsildar caused an inquiry and after due inquiry issued a temporary caste certificate in favour of the Petitioner as per Annexure P-2. Thereafter, SDO Ashoknagar issued permanent caste certificate as per Annexure P-3. In the election of Jila Panchayat the Petitioner being Scheduled Caste candidate contested the election and has been elected as Chairman of Jila Panchayat of Ashoknagar as per Annexure P-4. Complainant has falsely implicated the Petitioner by filing complainant Annexure P-5. It is further submitted that there is no allegation against the Petitioner with respect of making forgery in preparation of caste certificate in question. Me has not obtained the caste certificate by showing his incorrect caste. Caste Certificate is issued by the Competent Authority after due enquiry. It is further submitted that Petitioner has not suppressed any fact while filing the nomination form of election as criminal case was not pending on that date and he was already acquitted, therefore, in that column he has mentioned that no criminal case is pending and that was a right information.

Learned Counsel drew this Court''s attention to Annexure P-7, which is notification issued by the State Government constituting a High Level Committee/Scrutiny Committee for holding an enquiry in accordance with law concerning issuance of false caste certificate.

It is further submitted by learned Counsel for the Petitioner in view of the law laid down by the Apex Court in the case of Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, in which the Apex Court has mandated that all the State Government shall constitute a Caste Scrutiny Committee headed by Additional or Joint Secretary or any officer higher in rank of the Director of the concerned department to inquire into such matters. On receiving any complaint with regard to such certificate, the matter is to be inquired into by a Caste Scrutiny Committee/State Level Committee constituted in each State and after its final decision, if it is found that the certificate obtained or social status claimed is found to be false, the parents/guardian/candidates shall be prosecuted for making false claim. Without report of the Committee, the police has no jurisdiction to take cognizance on such complaints.

Further reliance is placed in the case of Vikas and Another Vs. State of M.P., MPLJ 417, in which a Bench of this Court has held that concerning issuance of false Caste Certificate relating to ST, SC or OBC police has no jurisdiction to investigate the matter. Only Caste Scrutiny Committee can enquire and of social status claim is found to be false concerned person shall be prosecuted for making false claim. Investigation by the police and thereafter filing charge-sheet and framing of charge- sheet was found to be illegal and without jurisdiction.

Placing reliance on these citations it is urged by learned Counsel for the Petitioner that investigation in the matter of caste certificate is to be made by only High Level Committee and the proceedings initiated against the Petitioner concerning Crime No. 621/2010 deserve to be quashed.

Per contra, learned Counsel for the Respondents opposed the petition and submitted that FIR is rightly registered against the Petitioner and no ground for quashing FIR is made out.

Heard the rival contention of the parties and perused the documents on record.

It is apparent that complaint is based on the fact that the Petitioner not being a member of Scheduled Caste by falsely representing to be a member of Scheduled Caste has filled nomination form for election on the post of Chairman, Jila Panchayat, Ashoknagar. Hence the only allegation against the Petitioner is with respect to obtaining forged certificate concerning his caste. As per the law laid down by Apex Court in Kumari Madhuri Patel (supra), such matter with respect to obtaining false certificate is to be inquired into by Caste Scrutiny Committee/State Level Committee constituting in each State. Hence the proceedings concerning Crime No. 261/2010 registered against the Petitioner deserve to be quashed. The State/complainant may refer the matter to State Level Committee for holding an inquiry in accordance with law and guidelines set up by Supreme Court in Kumari Madhuri Patil (supra). It is further directed that in case of such reference, Committee shall inquire into the matter and final verdict be delivered as early as possible keeping in view the guidelines/directions in the afore-quoted judgment/order.

With the aforesaid direction, the petition is disposed of.