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1997 DIGILAW 874 (RAJ)

Ashutosh S/o. Radhey Mohan v. State of Rajasthan

1997-07-25

MOHD.YAMIN

body1997
JUDGMENT 1. - Heard. 2. The natural father of the petitioner Mr. Radhey Mohan was a Brahmin. He went in adoption to Ram Lal who was a Chamar (a lower caste). The adoption took place some time in the year 1958. But the deed of adoption was executed on 27.11.1972. A report was lodged against Rad hey Mohan for the offences under sections 456, 467, 468, 471, 420, 419 & 120-B IPC and the police after investigation had submitted a challan. Even charge was framed but finally Hon'ble N.L. Tibrewal, J. vide judgment dated 22.8.1991 in S.B. Criminal Misc. Petition No. 24/90 quashed the proceedings of the case and held that the adoption deed was genuine. The controversy, it appears was not burried finally by the natural relations of Radhey Mohan who it appears are still not satisfied. 3. The result was that Ashutosh, petitioner who is the natural born son of Radhey Mohan is not being opposed by the natural family of Brahmins because.he claims to be the son of a chamar (member of Scheduled Caste). On 19.9.1996 an FIR No. 8 was registered against the petitioner. it was Mu kesh Kumar who is a member of the natural family, reported to the police that Ashutosh was selected by the Rajasthan Public Service Commission in the month of July, 1996 as Lecturer in Sanskrit on the basis of a certificate which he obtained as a member of Scheduled Caste on 19.6.1994. The same was issued by the Tehsildar, Bharatpur and was not genuine and the same was obtained in order to get employment. A case under sections 420/467, 468, 471/120-B IPC was registered and it appears that the history was repeated. This Court stayed the investigation vide order dated 21.2.1997. 4. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that according to Section 12 of the Hindu Maintenance and Adoption Act, an adopted child shall be deemed to, be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. The learned counsel for the petitioner, therefore, submitted that when Radhey Mohan had been adopted by Ram Lal, his relation with natural family had been severed and the petitioner who is natural born son of Radhey Mohan shall be deemed to be the child of a member of Scheduled Caste for all the purposes. To this, the learned Public Prosecutor submitted that investigating Officer has reported in the diary that conclusion could be drawn only after full investigation was done. 5. I am of the view that even if the police would have investigated the matter fully, the judgment of this Court in Radhey Mohan v. State, (supra) would stand-as it is.In the said judgment, it has been held that Radhey Mohan was adopted in the family of Ram Lal and therefore, he being art adopted son of Chamar had become a member of a Scheduled Caste. Whatever the investigation may be done, this judgment cannot be changed. Therefore, the natural born son of Radhey Mohan will remain Chamar (a member of Scheduled Caste) as his father is. 6. In view of the above discussion I am of the view that FIR in this case should be quashed. I am conscious that I have to be circumspect while quashing the FIR and have to be guided by principles laid in Rupan Deol Bajaj v. K.P.S. Gill, (1995) 6 SCC 194 . Looking to all the facts and circumstances of the present case, I am of the view that the FIR should be quashed in this case. 7. In the result, the petition is allowed and the FIR No. 492/96, registered at Police Station Mathura Gate, Bharatpur under sections 420,120-8, 467, 468 Sr 471 IPC is hereby quashed.Petition allowed. *******