It’s mistrustful not to fill family income in the caste certificate form |MP High Court Declines To Quash FIR For Alleged Fraud In Obtaining OBC Certificate
Case No: Misc. Criminal Case No. 36923 of 2022
Case Title: Utkarsh Verma & Anr. v. State of Madhya Pradesh & Anr
CORAM: HON’BLE SHRI JUSTICE ANIL VERMA
Order dated: 21st OF NOVEMBER, 2023
Introduction
The High Court of Madhya Pradesh has rejected to revoke criminal proceedings recently against the petitioners who had been accused of allegedly attempting to obtain an OBC certificate through fraudulent means.
Facts of the case
the petitioners while fillip up the form for their caste certificate, did not reflect the income of their father and fraudulently filled up their income to demonstrate that they belonged to the non-creamy layer OBC category as a result they succeeded in getting an OBC caste certificate issued from the office of Sub Divisional Officer (Revenue), Sendhwa, whereas the OBC caste certificate should have been prepared based upon the income of their father. the father of the accused was serving in the post of In-charge Principal, at Government PG College, Sendhwa, District Barwani. When the Sub Divisional Officer (Revenue), Sendhwa came to know about this fact he canceled the caste certificate issued in favor of the petitioners and directed them to launch criminal prosecution against them.
Accordingly, an impugned FIR has been registered at Police Station District Barwani against the petitioners
counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the offense based on conjecture and surmises without there being any evidence or incriminating material. Essential ingredients for the charges under Sections 420, 465, and 468 of IPC are not fulfilled. Nothing has been proved that the petitioners deceived the complainant by making false or misleading representation or by dishonest concealment or by any other act or omission. The trial Court while dismissing the application under Section 227 of Cr.P.C. lost site of this material aspect of the case that the order passed by the SDO (Revenue), Sendhwa is without jurisdiction. The petitioners have never used the earlier caste certificates issued to them. They have never fabricated or forged the document with criminal intent or intention. The competent authority of the State Government has also issued the father of the petitioners a permanent caste certificate of the OBC category.
counsel for the respondent opposes the petition and prays for its rejection by submitting that no case for interference is made out. There is sufficient evidence available on record against the petitioners in respect of the aforesaid offense. Learned counsel for the respondent also opposes the petition and prays for its rejection by submitting that petitioners have committed the offense mentioned above and sufficient evidence is available against them, therefore, no interference is required.
Analysis of the court
The court in command t is of the considered opinion that no case is made out for quashing of FIR at the Police Station and the impugned order passed in the Sessions Trial by the 2nd Additional Sessions Judge.
Accordingly, this petition is hereby dismissed.
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Written By
Kaulav Roy Chowdhury