ARATI DAS Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. S. N. Sarma, learned senior counsel for the petitioners in Crl. P. No. 741/2018 and Crl. P. No. 754/2018. Also heard Ms. S. Jahan, learned Addl. P.P., Assam, for the respondent No. 1, in both these criminal petitions.

(2.) By preferring the petition i.e. Crl. Pet. No. 741/2018, under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for setting aside and quashing of the impugned FIR, dated 25.06.2018, whereupon Duliajan P.S. Case No. 220/2018 u/s 420/468 IPC (corresponding to G.R. No. 2201/2018) has been registered.

(3.) According to Mr. Sarma, learned senior counsel, the petitioner, herein, who is a graduate in B.E.(Mechanical), belongs to "Bania" sub-caste, which is recognized as Scheduled Castes under the Constitution(Scheduled Castes), Order 1950, as amended by the Scheduled Castes and Scheduled Tribes Lists (Modification Order), 1976. The petitioner, after successfully pursuing his MBA, joined Oil India Ltd. (for short, 'OIL') in the year 1993 and is presently serving as Deputy General Manager(Planning). While serving thus, the petitioner received a Notice under sub-Section (1) of Section 41(A) of the Code of Criminal Procedure, 1973, directing him to appear before the I.O. of Duliajan P.S. on 03.07.2018 in connection with Duliajan P.S. Case No. 220/2018 u/s 420/468 IPC. He obtained the certified copy of the FIR, dated 25.06.2018, on 04.07.2018, which goes to indicate that the respondent No. 2 had leveled an allegation to the effect that the petitioner and another lady, are serving in their respective posts, by obtaining fraudulent SC certificates through false documents, thereby depriving the genuine candidates of SC community from such employment. Upon receipt of the said FIR, the OC of Duliajan P.S. started the investigation of the case.