JUDGMENT Z. A. HAQ, J. :- Heard Shri M.P. Khajanchi the learned Advocate for the applicant and Shri S.B. Ahirkar, the learned Additional Public Prosecutor for the State/respondent. 2. This is an application under Section 482 of the Criminal Procedure Code praying that the F.I.R.3040/2009 dated 16th September, 2009 registered by the police station Desaiganj under Section 11(1)(a) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificates) Act, 2000 (for short "Act") be quashed. 3. The applicant had submitted an application to the Sub-Divisional Officer, Desaiganj on behalf of his daughter Ku. Niranjani for grant of caste certificate to the effect that she belongs to "Chhatri" Scheduled Tribe on which the caste certificate was issued by the Authority. The caste certificate of Ku. Niranjani was submitted to the Caste Scrutiny Committee for verification and the Caste Scrutiny Committee by the order dated 7th August, 2009 invalidated the caste certificate of Ku. Niranjani observing that she has failed to prove her claim as "Chhatri" Schedule Tribe by not producing the documentary evidence having probative value and by not passing the affinity test to support her claim. However, Caste Scrutiny Committee has authorized the Police Inspector of the Police Vigilance Cell to lodge the complaint/F.I.R. with the concerned police station against the applicant on the ground that he has obtained the caste certificate of his daughter showing that she belongs to "Chhatri" Schedule Tribe knowing fully that he does not belong to that tribe. 4. Shri Khajanchi, the learned Advocate for the applicant, has submitted that the Caste Scrutiny Committee has committed an error by authorizing the Police Inspector of the Vigilance Cell to lodge the complaint/F.I .R. against the applicant under Section 11 (1)(a) of the Act inasmuch as there is no finding recorded by the Caste Scrutiny Committee that the applicant had obtained false caste certificate in the name of Ku. Niranjani by furnishing false information or false statement or false documents or by any other fraudulent means. According to the learned Advocate for the applicant the F.I.R. cannot be filed by the Caste Scrutiny Committee or the officer authorized by it, if the caste certificate is invalidated on the failure of the candidate to produce documentary evidence or to pass the affinity test, as in the present case. 5. According to the learned Advocate for the applicant the F.I.R. cannot be filed by the Caste Scrutiny Committee or the officer authorized by it, if the caste certificate is invalidated on the failure of the candidate to produce documentary evidence or to pass the affinity test, as in the present case. 5. Shri S.B. Ahirkar, the learned Additional Public Prosecutor, has opposed the application filed by the applicant. The learned APP has submitted that the caste certificate of Ku. Niranjani having been invalidated by the Caste Scrutiny Committee, the consequential inference is that she had made a false claim and in the present case as a matter of fact it is found by the Caste Scrutiny Committee that the applicant had submitted the application for obtaining the caste certificate in the name of Ku. Niranjani and therefore, the F.I.R. filed against him need not be quashed. 6. We have heard the learned Advocates for the parties and have examined the record. There is nothing in the order of the Caste Scrutiny Committee which suggests that the caste certificate was obtained by the applicant by furnishing false information or filing false statement or documents or by any other fraudulent means. The conclusions of the Caste Scrutiny Committee are in paragraph no.15 of the order and are as follows : "15. After considering all the facts and issues involved, information and documents placed on record by the applicant before the Scrutiny Committee in support of her tribe claim and the documents and information received by the Committee through the Vigilance Cell; information given by the applicant during the hearing on 18.7.2009, the Scrutiny Committee finds that the applicant has failed to prove her tribe claim towards 'Chattri' Scheduled Tribe by not producing documentary evidence having probative value as well as by not passing an affinity test to support her tribe claim. Hence, the Scrutiny Committee has come to the conclusion that Kum Niranjani Barangsing Chandel does not belong to the Chattri Scheduled Tribe and hence her claim towards the same is held (invalid. Her Caste Certificate issued by the (Sub-Divisional Officer, Desaiganj (Wadsa) vide R.C. No.MRC-81/2426/2006-2007, dated 20.2.2007 is hereby cancelled and confiscated. " 7. Section 11(1)( a) of the Act reads as follows :- "II. Offences and penalties. Her Caste Certificate issued by the (Sub-Divisional Officer, Desaiganj (Wadsa) vide R.C. No.MRC-81/2426/2006-2007, dated 20.2.2007 is hereby cancelled and confiscated. " 7. Section 11(1)( a) of the Act reads as follows :- "II. Offences and penalties. (1) Whoever,- (a) obtains a false Caste Certificate by furnishing false information or filing false statement or documents or by any other fraudulent means; or (b) ............. (c) ............ (2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the Scrutiny Committee or by any other officer duly authorized by the Scrutiny Committee for this purpose." 8. It is clear that the prosecution is not provided in all the cases in which the caste certificate is invalidated by the Caste Scrutiny Committee. It is only in the cases in which the Caste Scrutiny Committee gives a definite finding that the candidate has obtained the caste certificate by giving false information or filing false statement or documents or by any other fraudulent means that the prosecution is permissible. In the present case, there is no finding given by the Caste Scrutiny Committee while invalidating the caste certificate of Ku. Niranjani that the applicant had obtained the false caste certificate by furnishing false information or filing false statement or documents or by any other fraudulent means. The F.I.R. therefore cannot sustain the scrutiny of law and therefore, the application has to be allowed. 9. Rule is made absolute in terms of prayer clause (i). The F.I.R. No. 3040/2009 dated 16th September. 2009 registered by the police station Desaiganj under Section 11 (1)(a) Deputy Inspector General of Prison 1309 of the Act of 2000 against the applicant is quashed. In the circumstances, the parties to bear their own costs. Application allowed.