LAWS(MPH)-2018-2-205

DALCHAND AND OTHERS Vs. STATE OF M.P.

Decided On February 22, 2018
Dalchand And Others Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Heard. This criminal revision under Section 397 / 401 of the Code of Criminal Procedure has been preferred for quashment of the proceeding of Sessions Trial No.121/09 pending before the Court of Additional Sessions Judge (Fast Track Court) Pipariya, District - Hoshangabad under Sections 420 , 467 , 468 , 471 of the IPC arising out of filing of the charge sheet in the Crime No.545/08, Police Station Pipariya, District Hoshangabad, alleging that the applicants had obtained caste certificate of scheduled tribe community on the basis of false averments claiming themselves to be resident of Jabalpur and got government employment on the basis of the forged caste certificate and also obtained BPL Card and Ration card and thus, they have committed the aforesaid offence.

(2.) The aforesaid proceeding has been challenged on the grounds that with regard to the allegation of obtaining false caste certificate, the Police and other Authority except the Caste Scrutiny Committee constituted in each State in accordance with the directions or law laid down by the Hon'ble Apex court in Madhuri Patil and another vs. Additional Commissioner Tribal Development AIR 1995 SC 94 which has been followed by this court also in the case of Vikas Jagdish Shipuriya and another vs. State of M.P., 2002 (3) MPLJ 417 for quashing the proceeding of criminal case initiated on the basis of police investigation with regard to obtaining false caste certificate claiming to be the Member of Scheduled Caste and Scheduled Tribe Community, as the Police has no jurisdiction to take cognizance and file charge sheet against the applicants and no cognizance be taken over the charge sheet by Magistrate.

(3.) Having considered the contentions of learned counsel for the parties and on perusal of the record, in view of this court, the criminal revision filed by the applicants deserves to be allowed. In view of the law laid down by the Hon'ble Apex court in Madhuri Patil (supra) and the law laid down in Vikas Jagdish Shipuriya (supra), the relevant paras 3 and 4 are reproduced as here under : -