USHA AJAY SINGH Vs. SHRI J.L.MISHRA

JUDGEMENT

(1.) THE applicant/accused has preferred this petition under Section 482 of Cr. P.C. for quashment of the complaint filed by the respondent against him in the Court of Judicial Magistrate First Class -Bhopal in which vide order dated 5.9.2011 (Ann. A.11) after taking the cognizance against the applicant for the offence of Section 420,467 and 468 of IPC her presence has been directed to be secured in such Court by issuing the bailable warrant of Rs. 5,000/ -.

(2.) INTER - alia the impugned private complaint has been filed by the respondent against the applicant for taking cognizance under Section 420, 467, 468 and 120 -B of IPC on the ground that the applicant by practing fraud on the basis of forged and fabricated caste certificate of schedule caste dated 29.3.1993 has got the Government service. The aforesaid alleged certificate was not obtained by the applicant in accordance with the procedure prescribed under the law but the same was obtained by practicing the fraud with the authorities. On receiving the complaint in this regard by the concerning department then the State Level Schedule Caste Certificate Scrutiny Committee (in short ''the Committee) has scrutinized such matter and vide order dated 23.9.2009 such committee has resolved that the aforesaid certificate of Schedule Caste used by the applicant for obtaining the Government service is illegal document. In the light of such order when no action was taken by the State authorities against the applicant then respondent being Journalist/Press Reporter after collecting all requisite information and documents has filed the impugned private complaint against the applicant in the above mentioned Court on which by adopting the procedure provided in Section 200 and 202 of Cr.P.C. the statement of the complainant and his witnesses were recorded and in the light of such evidence and documents placed on the record the cognizance of the above mentioned offence was taken against the applicant and direction to secure her presence before such Court through bailable warrant was given.

(3.) IT is noted that on earlier occasion also when the impugned complaint was at the initial stage that applicant herein came to this Court under Section 482 of Cr. P.C. with M.Cr. C. No. 7132/09 for quashment of the then proceeding of the impugned complaint. The same was heard on the question of admission and dismissed taking into consideration various decisions of the Apex Court vide orders dated 31.7.2009 (Ann. A. 10) in the following manner.