NETRAM Vs. KOUSHLENDRA SINGH

JUDGEMENT

(1.) With the consent learned Counsel for the parties, heard finally. This petition under Section 482 of the Code of Criminal Procedure has been filed by the applicants for quashing the private complaint filed by respondent No. 1 under Sections 120B, 420, 467 and 468 of the IPC and the order under Section 156(3) of Cr.P.C. passed by Judicial Magistrate First Class, Lakhnadaun, District Seoni, whereby it was directed to the Station House Officer, Lakhnadaun to register First Information Report and file the final report/charge-sheet against them before the Court.

(2.) Facts in short, giving rise to this petition are that respondent No. 1/Koushlendra Singh has filed a private complaint against these applicants inter alia stating that applicant Nos. 2 to 5 are belonging to Kalar Caste and applicant No. 1/Netram is maternal uncle of aforesaid applicants. It is further alleged against them that applicant No. 1 got entered his caste Ahir in the Government Primary School, Deorikalan. Thereafter, with the aid of applicant No. 8, who was the Sarpanch of the Gram Panchayat, all applicants have entered into the conspiracy for committing the forgery and preparing the forged document of SC/ST for getting the Government service under the reserved quota of SC/ST. It was prayed that all accused/applicants be convicted under Sections 120B, 420, 467 and 468 of the IPC. The Trial Court without application of mind to the aforesaid private complaint, directed Station House Officer, Lakhnadaun under Section 156(3) to register a First Information Report and file the charge-sheet. Being aggrieved thereby, the applicants have filed this petition.

(3.) Learned Counsel appearing on behalf of the applicants submitted that police has no jurisdiction to investigate the matter regarding issuance of false caste certificate relating to ST, SC and OBC. Only Caste Scrutiny Committee can enquire into the matter and of social status claim is found to be false, concerned person shall be prosecuted for making false claim. He has placed reliance upon judgment of this Court in Vikas Jagdish Shipuriya and another v. State of M.P., 2002 3 MPHT 533 and Apex Court in the case of Madhuri Patil and another v. Additional Commissioner Tribal Development and others, 1995 AIR(SC) 94.