Suresh Subhashrao Bhoyer v. Hemlata d/o. Bapurao Patil
2013-12-13
M.T.JOSHI, NARESH H.PATIL
body2013
DigiLaw.ai
JUDGMENT NARESH H. PATIL, J. :- Heard. 2. The Applicant prays for setting aside first information report registered at Crime No. 135 of 2005 with Hadgaon Police Station, Tq-Hadgaon, Dist-Nanded, for the offences punishable under Section 409, 467, 468, 471, 420 of the Indian Penal Code. The complaint is filed by the then Secretary of the trust which runs Bapurao Patil Palsekar Ashram School, Palsa, Tq-Hadgaon, Dist-Nanded. 3. The Applicant was appointed as Assistant Teacher in the said school. He claims to be belonging to "Kunbi Maratha", i.e. Other Backward Classes, therefore he was selected and appointed. The Trust, thereafter, forwarded his caste certificate for scrutiny by the competent Scrutiny Committee. The Scrutiny Committee, by its order dated 14th September 2005, invalidated the caste certificate and claim of the Applicant. The Scrutiny Committee, however, did not choose to take any action for filing criminal complaint in the matter, as is evident from the copy of the order of the Scrutiny Committee. We do not find that the Scrutiny Committee had directed initiation of prosecution under the provisions of Section 11 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-Notified Tribes (Vimukta latis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short "Caste Certificate Act"), against the Applicant. 4. We have satisfied ourselves by calling proceedings of Writ Petition No.6582 of 2005 and Writ Petition No.2663 of 2009, filed by the Petitioner challenging the order passed by the Scrutiny Committee. Perusal of proceedings of Writ Petition No.6582 shows that vide order dated 19th September 2005, the Division Bench of this Court (CORAM: P. V. HARDAS AND J.H. BHAT1A, JJ.), passed following order: "Heard Mr. Deshpande, learned counsel for the Petitioner. Mr. N.B. Khandare, learned AGP accepts notice on behalf of respondents no.2 to 5. Issue notice to respondent no. 1, returnable four weeks. In the meantime, ad interim relief in terms of prayer clause (E)." 5. The Secretary of the Trust, however, filed present complaint on the ground that the caste certificate obtained by the present Petitioner is forged etc., on the basis of which above referred crime was registered. 6. We have heard the submissions of learned counsel appearing for the Applicant and Respondents. 7.
The Secretary of the Trust, however, filed present complaint on the ground that the caste certificate obtained by the present Petitioner is forged etc., on the basis of which above referred crime was registered. 6. We have heard the submissions of learned counsel appearing for the Applicant and Respondents. 7. Learned counsel for the Applicant submits that Respondent No.1 has no locus standi to file complaint in respect of the caste certificate obtained by the Applicant, which was invalidated by the Scrutiny Committee, in view of the provisions of Section 11 of the Caste Certificate Act. 8. The learned counsel for Respondent No.1 submits that in view of the communication made to the Management by Maharashtra State Examination Council informing that performance of the Applicant in D.Ed. examination was cancelled, the Management decided to lodge complaint against Applicant, as it was also noticed that Applicant's caste certificate was declared as invalid. 9. Relevant provisions of Section 11 (2) of the Caste Certificate Act reads as under: "11. Offences and penalties. (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 authorised by the Scrutiny Committee for this purpose." 10. In view of the interim order passed by the Division Bench of this Court in the proceedings of Writ Petition No.6582 of 2005, staying the operation of the order passed by the Scrutiny Committee and in view of the provisions of Section 11 of the Caste Certificate Act, we are of the view that the complaint registered at the instance of Respondent No.1, deserves to be quashed and set aside. ORDER (A) First Information Report No.135 of 2005 registered with Hadgaon Police Station, Tq-Hadgaon, Dist-Nanded, for the offences punishable under Sections 409, 467, 468, 471,420 of the Indian Penal Code, is quashed and set aside. (B) It is clarified that the contesting parties are at liberty to resort to appropriate remedies as permissible in law, in case the orders passed in Writ Petition No. 6582 of 2005 are modified or Writ Petition itself is finally disposed of/dismissed. (C) We do not express any opinion on the merits of the claims of the parties or the allegations made against each other. (D) Rule is made absolute in the above terms. Ordered accordingly.