Judgment : 1. Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondents. Admit. By consent of parties, taken up for final disposal forthwith. 2. By this application, applicant questions FIR No. 3062/2006 registered with respondent no. 1 and proceedings in criminal case no. 213 of 2009 pending on the file of the Judicial Magistrate, First Class, Motala, District Buldana for the offence punishable under Section 11 (1) (a) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000. 3. Learned counsel for the applicant contends that the applicant was appointed as nominee of a freedom fighter and applicant never claimed his appointment on the basis of his caste nor he furnished caste certificate for getting the appointment. 4. Respondents have filed copy of application dated 31.7.2001 along with their additional reply dated 3.12.2010. It shows that the very application made by the applicant was for appointment in class-III category on the post of Multipurpose Health Worker as nominee of the freedom fighter. Applicant has also referred to Government Notification No. CNS 1087/499/K.N. 12/16A issued by the General Administration Department, Mantralaya, Mumbai on 4.3.1991. In the text of his application, the applicant has stated that he is nominated ward of the freedom-fighter; his nomination has been done in the office of Collector, Amravati; he is educated unemployed; he needs employment badly and that considering his educational qualification, he may be appointed as Multipurpose Health Worker in the Malaria Department. A bare reading of the applicant’s application makes it clear that he had not claimed his appointment on the basis of his caste, but as nominee of freedom-fighter. Not only this, but communication dated 15.6.2006 addressed to the Director of Health, Mumbai by the District Malaria Officer, Amravati shows that the eligibility of applicant for employment as nominee of freedom-fighter was verified. The said communication does not say that eligibility of the applicant for Government employment on the basis of caste was to be verified. 5. It is thus crystal clear that the applicant was appointed as nominee of freedom-fighter and not on the basis of caste. Therefore, no fruitful purpose would be served to continue prosecution against the applicant. In the interest of substantial justice, the applicant cannot be made to suffer rigors of criminal trial. . 5. It is thus crystal clear that the applicant was appointed as nominee of freedom-fighter and not on the basis of caste. Therefore, no fruitful purpose would be served to continue prosecution against the applicant. In the interest of substantial justice, the applicant cannot be made to suffer rigors of criminal trial. . 7. In the result, Criminal proceedings in Criminal Case No. 213 of 2009 pending on the file of Judicial Magistrate, First Class, Motala, District Buldana are hereby quashed and set aside. Application is allowed accordingly.