PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Section-482 of the Cr.P.C. has been filed for quashing the order dated 22-11-2008 passed by learned Additional Sessions Judge-Ist-cum- Special Judge, SC/ST, Patna in Special Case No. 14 of 2005 whereby and whereunder he refused to discharge the petitioner from the above-said case and fixed the case for framing of the charge against the petitioner.

(2.) The brief facts of the case are that, one Ramesh Kumar Singh, Inspector of Police-cum-Officer-in- charge, Harijan Police Station, Patna recorded his self- statement on 19-12-1998 to this effect that petitioner's father, namely, Karu Singh was BHUMIHAR by caste and had married with a lady of his own caste but after death of his first wife, he again married with one, Sundari Devi of village-Sultanpur The aforesaid Sundari Devi was a member of Schedule Caste community and by caste she was a Dusadh and out of the aforesaid wedlock, 5 children including the petitioner were born. The petitioner got admitted himself and studied in upper school, Sultanpur, Mokama High School and Patna Science College as well as Darbhanga house, Patna on the basis of fake caste certificate. He received scholarship and further on the basis of fake and fabricated Caste Certificate, he got appointed himself as Deputy Collector against reserved quota of Schedule Caste Community. The petitioner had attached the fake certificate of Schedule Caste Community alongiwth his application which had been filed by him for competitive examination. In enquiry, it came to light that the petitioner was not brought up and educated in the family and environment of his mother who belonged to Schedule Caste Community and furthermore, it came to light that on the basis of forged certificate of Schedule Caste Community, he not only got admitted himself in educational institution and obtained scholarship but also got government employment against the reserved quota of Schedule Caste Community.

(3.) On the basis of self-statement of aforesaid Ramesh Kumar Singh, formal FIR under Sections-419, 420, 465, 467, 468, 471, 474, 120B of the Indian Penal Code and 3(i)(xi), 3(ii)(vii) of SC/ST (Prevention of Atrocities) Act was registered against the petitioner.