UTKARSH VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have preferred this petition under Sec. 482 of Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') invoking the extraordinary jurisdiction of this Court for quashment of First Information Report (in short, 'FIR') dtd. 09/05/2018 (Annexure-P/1) registered at Crime No.123/2018 at Police Station Sendhwa City, District Barwani (M.P.) for the offences punishable under Sec. 420, 465 and 468 of Indian Penal Code, 1860 (in short 'IPC'), charge sheet No.352/2019 dtd. 31/12/2019 (Annexure-P/2) and the impugned order dtd. 19/05/2022 (Annexure-P/5) passed in Sessions Trial No.73/2020 by the 2nd Additional Sessions Judge, Sendhwa, District Barwani, whereby an application preferred under Sec. 227 of Cr.P.C. by the petitioners has been dismissed.

(2.) The facts of the case in brief are that the petitioners while fillip up the form their caste certificate, not reflected the income of their father and have fraudulently filled up their own income to demonstrate that they belong to non-creamy layer OBC category and as a result of which succeeded in getting an OBC caste certificate issued from the office of Sub Divisional Officer (Revenue), Sendhwa, whereas the OBC caste certificate should have been prepared based upon the income of their father Shri Ashok Verma, who at the relevant point of time was serving on the post of In-charge Principal, Government PG College, Sendhwa, District Barwani. When the Sub Divisional Officer (Revenue), Sendhwa came to know about this fact he cancelled the caste certificate issued in favour of the petitioners and directed to launch criminal prosecution against them. Accordingly, impugned FIR (Annexure-P/1) at Crime No.123/2018 has been registered at Police Station Sendhwa City, District Barwani against the petitioners on 09/05/2018.

(3.) After completion of investigation, impugned charge sheet No.352/2019 dtd. 31/12/2019 (Annexure-P/2) has been filed against the petitioners before the trial Court. The petitioners have preferred an application under Sec. 227 of the of Cr.P.C. After hearing both the parties, the trial Court vide order dtd. 19/05/2022 (Annexure-P/5) passed in Sessions Trial No.73/2020 dismissed the aforesaid application.