MALKIT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties, matter is finally heard.

(2.) 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, 506-B, 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 under Section 313 of Cr.PC 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.

(3.) 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. He 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.