AMIT KUMAR MEENA Vs. STATE OF M P

JUDGEMENT

(1.) The applicants have preferred the present petition under Section 482 of Cr.P.C. against the order dated 23.2.2011 passed by the First Additional Sessions Judge, Bhopal in Criminal Revision No.277/2009 whereby the order dated 16.4.2009 passed by the learned Judicial Magistrate First Class, Bhopal in Criminal Case No.21598/2008 was confirmed in which the learned JMFC dismissed the application filed by the applicants on the ground that the directions given by Hon'ble the Apex Court in the case of "Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Development & others, 1995 AIR(SC) 94) were not complied with, and therefore trial may be dropped.

(2.) The brief facts of the case are that one Ram Prakash Pahariya resident of Rewai District Shivpuri had sent a criminal complaint to the Director General of Police, Bhopal that so many persons have obtained the job and admission in various colleges on the basis of fake caste certificate. He gave a list of such persons in his complaint. He also referred the decision of WP No.898/1990. The name of applicant No.1 Amit Kumar Meena was shown in the complaint at Sl.No.23. On enquiry it was found that the applicant No.1 had received a certificate declaring him a member of Scheduled Tribe as "Bheel Meena from Tahsildar Ratlam". On enquiry done by the Collector, Ratlam it was found that the caste certificate was fake and the applicant No.1 was a member of Tribe "Meena", which is shown in the list of Scheduled Tribes given in the Constitution for Sironj Tahsil of Madhya Pradesh only, whereas the applicant No.1 was found as a resident of District Raisen and not of District Ratlam. It was also found that the certificate was issued on the basis of affidavit given by the applicant No.2 and thereafter on the basis of report given by the Collector Ratlam a prosecution was initiated against the applicants and also the authorities of Maulana Azad College of Technology, Bhopal vide order dated 13.7.1998 expelled the applicant No.1 from their college due to bogus caste certificate.

(3.) I have heard the learned counsel for the parties.