KAMESHWAR CHAUPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has prayed for quashing the F.I.R. being Patna Harijan Police Station Case No. 28 of 1999, G.R. No. 11 of 1999 which has been instituted by Officer-in-Charge of Harijan Police Station, Patna against him under Sections 401, 465, 468, 470 & 471 of the I.P.C. and 3(1)(ix), 3(2)(v)(vi) of the Prevention of the Atrocity against the Scheduled Caste & Scheduled Tribe Act, 1989.

(2.) Learned Counsel submits that Petitioner is an eminent public figure and holds a responsible position in a major political party in the State, namely, BJP. He belongs to Chaupal caste. He had been given proper caste certificate by the competent authority and he successfully contested elections of both Lok Sabha and Vidhan Sabha from different constituencies in the State. He further submits as in case of other castes, people belonging to Chaupal caste also keep different sur-names like Khatway, Tatma, Sharma, Das etc. He submits that after independence in terms of Article 341 of the Constitution of India, Hon'ble President of India notified castes falling in category of Scheduled Caste and Scheduled Tribe. According to the notification, the caste Chaupal also figured as one of the Scheduled castes.

(3.) The Petitioner submits that he is also a registered voter at Patna and he has been granted Caste certificate by the BDO and the S.D.O., Patna Sadar on due verification on 16.1.1995 as also on 25.3.1996 wherein he has been described as belonging to Chaupal caste pertaining to (Scheduled Caste Community). Photocopy of caste certificates have been annexed as Annexure-2 series. Collector, Patna also granted him certificate stating that the Petitioner belongs to Scheduled Caste vide Certificate No. 134 dated 2.4.1996. A photocopy of caste certificate, granted by the Collector is annexed as Annexure-3 to the writ petition.