KOMAL PRASAD SHAKYA Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The present appeals call in question the correctness of the judgment and order passed by the High Court of Madhya Pradesh, Bench at Gwalior in Miscellaneous Criminal Case No.5897 of 2014 and Miscellaneous Criminal Case No.6319 of 2014 dtd. 28/6/2016. By the said judgment, the High Court has quashed the Criminal Complaint filed against the individual respondents herein, by the appellant in Criminal Appeal No.1222 of 2018, before the Chief Judicial Magistrate First Class, Guna. The complaint was filed in Criminal Complaint Case No.1072 of 2014 for offences under Secs. 415, 416, 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (for short the "IPC"). The Chief Judicial Magistrate First Class, by order dtd. 28/5/2014, took cognizance for offences punishable under Sections 420, 467, 468, 471 and 120B IPC and issued summons to the accused. The Additional Sessions Judge, by his order dtd. 1/7/2014, had dismissed the revision filed by the accused. The case was committed to the Sessions Court by the order dtd. 30/8/2014. However, by the impugned order, the proceedings stand quashed.

(2.) The complainant, Komal Prasad Shakya, is in appeal before us in Criminal Appeal No.1222 of 2018, aggrieved by the quashment of proceedings against accused Rajendra Singh, Harvir Singh and Amrik Singh. In the second matter, one Sh. Rakesh Mishra and one Sh. Anil Sharma have obtained leave from this Court to challenge the quashment order and they have challenged the order claiming themselves to be social activists, including against the accused Smt. Kiran Jain (not part of the first appeal).

(3.) The facts lie in a narrow compass. Criminal Complaint Case No.1072 of 2014 was filed before the Chief Judicial Magistrate alleging that accused Rajendra Singh and Amrik Singh - son and father respectively and are members of the unreserved category. They throughout held themselves out as General Category candidates. In the school admission register of Accused No. 1, he was shown as a "Sikh". Accused Nos.1 and 2 did not belong to Scheduled Caste and before 20.02.2008 never claimed to be belonging to Scheduled Caste. They obtained ration card as General Category persons.