MANSOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed instant writ for quashing of the First Information Report of Patna Harijan P.S. Case No. 34/1999 along with its ancillary steps wherein S.P., Harijan Cell, Investigating Department, Patna has directed to arrest the petitioner, grant of sanction etc.

(2.) It has been submitted on behalf of the petitioner that petitioner is not named in the FIR which was registered solely against accused, Prem Shankar Prasad, who, subsequently been acquitted after thorough trial. Then submitted that after a gap of ten years, there was no justification for the S.P. Harijan Cell, Crime Investigation Department to give a direction for arrest of petitioner arraying as an accused although there was no concrete material against the petitioner to justify his status as an accused which the prosecution did. Then submitted that the aforesaid accused, Prem Shankar Prasad was issued with a caste certificate No. 570 of 16.3.1992 by the petitioner in the background of the then prevailing Circular of the State Government circulated vide Memo No. 7/E-39/91-638 dated 31.1.1992 whereunder Tanti (Pan) was shown to be a member of Scheduled Caste. Accused, Prem Shankar Prasad applied for grant of caste certificate which was duly verified by Halqa Karamchari as well as Circle Inspector and on the basis thereof, petitioner had issued the aforesaid caste certificate and that happens to be the basis for issuing caste certificate by the Sub-Divisional Officer, Chapra vide Certificate No. 76 dated 11.6.1993.

(3.) It has further been submitted that the aforesaid Notification No. 7/E-39/91-638 dated 31.1.1992 was subsequently withdrawn by the Government vide Notification No. 11/M-3/92K- 2735 dated 4.5.1992 with retrospective effect. Even accepting the same, the petitioner had issued the aforesaid certificate while the earlier Notification was already in existence as a result of which it cannot be said that he was any way liable for issuing the aforesaid certificate illegally.