LAWS(MPH)-2019-11-52

TULSIDAS JOJHOTIYA Vs. STATE OF MADHYA PRADESH

Decided On November 28, 2019
Tulsidas Jojhotiya Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashment of the FIR of Crime No.690/16 registered at P.S. Govindpura, Bhopal for the offence punishable under Sections 420, 467, 468 and 471 of the IPC and consequential proceedings arising out from the charge sheet filed by the police after investigation of that crime.

(2.) Brief facts of the case which are relevant to the disposal of this case are that respondent no.2/complainant Nadeem Miya lodged a written complaint at Superintendent of Police, Bhopal averring that in the year 2015 applicant/accused Tulsidas Jojhotiya fought the election from Ward no.59 of Municipal Corporation Bhopal in the Municipal Corporation election which is reserved for the candidates belonging to the Scheduled Caste Community and the caste certificate filed by the applicant along with his nomination form was forged. It is alleged that the said certificate was issued by Sub Divisional Officer, Tahsil Hujur, Distt. Bhopal in case no.552/B-121/2003 dated 28/7/2003 but according to information obtained by the complainant under RTI Act, 2005, it was found that the said certificate was not issued by the Sub Divisional Officer, Tahsil Hujur, Distt. Bhopal and the applicant did not belong to schedule caste community and applicant fought the election of Municipal Corporation Bhopal from Ward No.59 in the year 2015 by producing forged caste certificate. So action be taken against him. On that, police registered Crime no. 690/16 for the offence punishable under Sections 420, 467, 468 and 471 of the IPC at Police Station Govindpura and investigated the matter. During the investigation, it was found that in the Caste certificate filed by the applicant along with his nomination papers, it is mentioned that it was issued by the Sub Divisional Officer, Tahsil Hujur, Distt. Bhopal in case no.552/B-121/2003 dated 28/7/2003. While Sub Divisional Officer, Tahsil Hujur, Distt. Bhopal did not issue that certificate in Case No.552/B-121/2003 dated 28/7/2003 and said Certificate was forged. On that, police arrested the applicant and filed a charge sheet against him before JMFC Bhopal. Being aggrieved with that applicant filed this petition.

(3.) Learned counsel of the applicant submitted that the applicant did not file any forged caste certificate. The jurisdiction to decide the fact that whether a person belongs to scheduled caste community or not is solely vested in the caste scrutiny committee without finding of caste scrutiny committee. In this regard, police has no right to register crime against the applicant. The applicant belonged to scheduled caste community and he has already possessed caste certificate issued on 28/11/1987. So, there is no need to the applicant to get another caste certificate from the Sub Divisional Office Tahsil Hujur, Distt. Bhopal. Complainant by manipulating the documents filed by the applicant along with his nomination papers falsely implicated the applicant in the crime. Applicant did not file the said caste certificate alonwith his nomination papers. So, no offence under Sections 420, 467, 468 and 471 of the IPC is made out against the applicant. In this regard, he also placed reliance upon the judgement of this Court passed in the case of Vikas Jagdish Shipuriya and another vs. State of MP reported in 2002(3) MPLJ 417 and apex Court judgment passed in Kumar Madhuri Patil and another vs. Addl. Commissioner, Tribal Development and others reported in (1994) 6 SCC 241 and Sheila Sebastian vs. R. Jawaharaj and another reported in (2018) 7 SCC 581.