Shakuntala Majhi vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard the learned counsel for the parties. The applicant has challenged the proceedings pending before the J.M.F.C. Gadarwara District Narsinghpur, whereby a criminal complaint has been initiated by the respondent No. 2.

The facts of the case, in short is that, the applicant is working as a Teacher Class-II. She got her appointment on the basis of caste certificate that she belongs to Scheduled Tribe. The respondent No. 2 wrote a letter to the Collector for getting the information as to whether such certificate was issued by his office or not then, a reply has been received that no such certificate has been issued from the office of the Collector therefore, the respondent No. 2 has initiated a criminal complaint against the applicant that she got the job on the basis of a fake caste certificate.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the office who is expected to issue a caste certificate in favour of the applicant has mentioned that no such certificate has been issued from the office and therefore, this is a different factual position. At present, it is not under disputed that as to whether the applicant is of Scheduled Tribe or not, whereas a question is that she got her job by a fake caste certificate. Learned counsel for the applicant has placed his reliance upon the judgment passed in the case of "Kumari Madhuri Patil and Anr. Vs. Additional Commissioner, Tribal Development and others" [1994 (5) SLR 206]. The said judgment passed by the Hon''ble Apex Court is not applicable in the present case because at present, it is not disputed relating to the caste of the applicant, whereas at present, it is not disputed that whether she was the member of Scheduled Tribe or the member of OBC, that would be a different thing but the applicant obtained the job on the basis of a caste certificate, which was never issued by the authority from whom it was claimed to be issued and therefore prima facie, that certificate is a fake certificate. Consequently, if the prosecution has initiated a criminal complaint for the offence punishable u/s 420 of IPC against the applicant then, there is no basis by which any interference may be done by exercising the power u/s 482 of Cr.P.C.

Consequently, the present petition u/s 482 of Cr.P.C. filed by the applicant is hereby dismissed. A copy of this order be sent to the trial Court for information.