Bombay High Court
Bhaskar S/O Vithobaji Randive vs State Of Maharashtra, Through ... on 6 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
204-apl-238-16.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 238 OF 2016
1. Bhaskar S/o Vithobaji Randive,
Aged about 55 years, Occ. Service,
R/o Jambhulghat, Tah. Chimur,
Dist. Chandrapur : APPLICANT
...VERSUS...
1. State of Maharashtra,
Through Police Station, Sindewahi,
Tah. Sindewahi, Dist. Chandrapur.
2. Police Inspector,
Police Vigilance Cell, Scheduled Tribe
Certificates Scrutiny Committee,
Gadchiroli, Office at Complex Area,
Near Zilla Parishad Sankool, Gadchiroli,
Tah. & Dist. Gadchiroli
3. Scheduled Tribe Certificates Scrutiny
Committee, Gadchiroli, Division,
Nagpur, through its Chairman, Office
at Complex Area, Near Zilla Parishad
Sankool, Gadchiroli, Tah. &
Dist. Gadchiroli : NON-APPLICANTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr. Prashant P. Dhok, Advocate for the applicant
Mr. M.J.Khan, Additional Public Prosecutor for the non-applicant nos. 1 to 3
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM : V.M. DESHPANDE &
ANIL S.KILOR, J.
DATE : 6th JANUARY, 2021.
ORAL JUDGMENT (Per : Anil S. Kilor, J.)
This is an application filed under Section 482 of the
204-apl-238-16.odt 2/7
Code of Criminal Procedure seeking quashment of the First
Information Report bearing No. 3016 of 2013 dated 3 rd July, 2013
registered on a complaint made by the non-applicant no.2, Police
Inspector, Police Vigilance Cell, Scheduled Tribe Certificate
Scrutiny Committee, Gadchiroli with the Police Station Sindewahi
for the offences punishable under Section 11(1)(b) of the
Maharashtra Scheduled Castes, Scheduled Tribes De-notified
(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Classes and Special Backward Category
(Regulation of Issuance and Verification of Caste Certificates) Act,
2000, hereinafter referred as "Act, 2000".
2. It is the case of the prosecution that the non-applicant
no.2 submitted a written report on 17 th April, 2013, stating therein
that the applicant is not belonging to "Mana Scheduled Tribe" and
on the basis of false information and documents, he obtained a
caste certificate for his daughter namely Presheeta. It is alleged
that on the basis of false caste certificate, the daughter of the
applicant got admission in Vishvershraiya National institute of
Technology for Engineering Courses (VNIT).
3. Thereupon, the crime was registered against the
204-apl-238-16.odt 3/7
applicant vide Crime No. 3016 of 2013 for the offence punishable
under Section 11(i)(b) of the Act, 2000.
4. Heard Shri Prashant Dhok, learned counsel for the
applicant and Shri M.J.Khan, learned Additional Public Prosecutor
for the State and complainant.
5. Shri Dhok, learned counsel for the applicant submits
that First Information Report in question needs to be quashed and
set aside on two grounds. Firstly, on the ground that the
invalidation of caste certificate by the Scrutiny Committee vide
order dated 17th April, 2013 has been set aside by this Court vide
order dated 29th November, 2017 and thereby declared that the
daughter of the petitioner has established her caste claim as 'Mana
Scheduled Tribe'.
6. He further argues that even the First Information
Report, vitiates on the ground that as per the settled law, under
Section 11(1)(b) of the Act, 2000, a complaint can only be made by
way of private complaint before the Magistrate and not by a police
complaint. Thus, he submits that on aforesaid two grounds, the
First Information Report in question needs to be axed.
204-apl-238-16.odt 4/7
7. Shri Dhok, learned counsel for the applicant to fortify his
submission has placed relianced on the judgment of the Division
Bench of this Court in the case of Vilas S/o Rambhau Majrikar Vrs.
State of Maharashtra, reported in 2015 ALL MR (Cri) 4025.
8. Shri M.J.Khan, learned Additional Public Prosecutor
after going through the judgment passed in Writ Petition No. 3458
of 2013 filed by the daughter of the applicant accepted that this
Court has held that the applicant is belonging to 'Mana Scheduled
Tribe' and accordingly direction issued by this Court to the
Committee for allowing the validity certificate in favour of the
daughter of the applicant.
9. To consider the contention of the learned counsel for the
applicant, we have gone through the judgment of this Court in Writ
Petition No. 3458 of 2013 filed by the daughter of the applicant.
After going through the judgment, it is revealed that this Court vide
judgment dated 29th November, 2017 allowed the said writ petition
and thereby set aside the order passed by the Scrutiny Committee
on 17th April, 2013, invalidating the caste claim of the daughter of
the applicant. The operative order of the judgment is reproduced
herein :-
204-apl-238-16.odt 5/7
In the result, the petition is allowed in the following terms:
(i) The order dated 17.04.2013 passed by the Scheduled
Tribe Certificate Scrutiny Committee, Gadchiroli,
Division Nagpur, is hereby quashed and set aside.
(ii) The certificate dated 09.12.2004 issued by the Sub-
Divisional Officer, Bramhapuri, Dist. Chandrapur,
certifying that the petitioner belongs to caste "Mana
Scheduled Tribe", which is an entry at Serial No.18 in
the Constitution (Scheduled Tribes) Order, 1950, is
held to be valid, and it is declared that the petitioner
has established her claim for 'Mana, Scheduled Tribe'.
(iii) The Committee is directed to issue a validity certificate
in the name of the petitioner accordingly within a
period of one month from the date of production of the
copy of this judgment by the petitioner before it.
(iv) The respondent nos. 2 to 4 are directed to release all
the documents and concessions to the petitioner, if they
are withheld for want of caste validity certificate, within
a period of two weeks from the date of production of
the copy of this judgment by the petitioner before them,
by treating the petitioner as a candidate belonging to
'Mana, Scheduled Tribe'.
10. Having held that the daughter of the petitioner is
belonging to Mama Scheduled Tribe, in the above referred
judgment, the basis of registration of the crime in question does not
survive and therefore we are of the considered view that in view of
the judgment dated 29th November, 2017 in Writ Petition No. 3458
of 2013, the crime in question needs to be set aside.
11. In the case of Vilas S/o Rambhau Majrikar Vrs. State of
Maharashtra (supra). This Court has held thus :
16. In the light of the above discussion with reference to
204-apl-238-16.odt 6/7
question no.1, therefore, we are of the considered opinion
that filing of a police case by registration of First
Information Report before the criminal Court is not
contemplated and what is contemplated is filing of a private
complaint by a Scrutiny Committee or its authorized officer
in accordance with Chapter XV of the Code of Criminal
Procedure. We, therefore, answer question no.1
accordingly and hold that filing of final report by the police
under Section 173 of the Code of Criminal Procedure by
way of chargesheet is illegal and contrary to the provisions
of law as aforesaid.
12. Thus, from the above referred observations made by this
Court in the case of Vilas S/o Rambhau Majrikar Vrs. State of
Maharashtra, (supra) it is clear that filing of police case by
registration of First Information Report before the Criminal Court is
not contemplated and what is contemplated is filing of private
complaint by a Scrutiny Committee or its authorised officer in
accordance with Chapter XV of the Code of Criminal Procedure.
13. On the above referred touchstone, we revert back to the
facts of the present case. It is undisputed that in the present
matter, the written report was filed by the Police Inspector of Police
Vigilance Cell, Scheduled Tribe Certificates Scrutiny Committee
and Scheduled Tribe Certificates Scrutiny Committee, Gadchiroli,
Division, Nagpur with the Police Station, Sindhewahi, Dist.
Chandrapur and not a private complaint as contemplated under
Chapter XV of the Code of Criminal Procedure. The First
204-apl-238-16.odt 7/7
Information Report in question was registered by the Police Station
Sindhewahi on the said written complaint. Thus, we have no
hesitation to observe that the First Information Report in the
present matter is liable to be quashed and set aside in view of the
observations made herein above. In that view of the matter, we
pass the following order.
ORDER
i. Criminal Application No. 238 of 2016 is allowed.
ii. The Criminal Case No.80 of 2014 pending on the file of
Judicial Magistrate First Class, Sindewahi, Tah. Sindewahi, Dist.
Chandrapur and the First Information Report No. 3016 of 2013
registered with Police Station, Sindewahi, Tah. Sindewahi, Dist.
Chandrapur for the offences punishable under Section 11(1)(b) of
the Maharashtra Scheduled Castes, Scheduled Tribes Denotified
(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and
Special Backward Classes and Special Backward Category
(Regulation of Issuance and Verification of Caste Certificates) Act,
2000, are quashed and set aside.
iii. The Criminal Application is disposed of. No order as to
costs.
JUDGE JUDGE
sknair
