MANU RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-

(2.) It is submitted by the counsel for the petitioner that one Smt. Baby Arya (who has not been impeaded as a party in this petition) prepared false caste certificate and on the basis of false caste certificate, she got an FIR registered against the husband of the petitioner for offences under Section 451 , 354(A) and 354D of IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989. Thereafter, the petitioner tried to verify of the caste certificate of Smt. Baby Arya and committee was situated for the verification of the same and the committee by its report dated 02/09/2019 has given a specific finding that Smt. Baby Arya has got the caste certificate prepared by the misleading the authority and she has taken undue advantage of the same.

(3.) It is submitted that the petitioner has given an application to the SHO, Police Station Huzrat Kotwali, District Gwalior, which has not been acted upon. Thereafter, on 05/11/2019 the petitioner has given an application to the Superintendent of Police, Gwalior but no action has been taken and thus, a prayer was made to register the FIR against Smt. Baby Arya as well as to prosecute the respondent No.3 under Section 4 of he Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989.