Bombay High Court
Dr. Purushottam S/O. Marotrao ... vs State Of Maharashtra, Thr. ... on 23 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.181.19-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 181 OF 2019
Dr. Purushottam S/o. Marotrao Kalbhoot,
Aged about 59 years, Occ. Principal,
R/o. C/o. Sudhakarrao Deole,
Giripeth, Kalra Square, Arvi Road,
Wardha. .... APPLICANT
----VERSUS----
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Wardha (City),
Wardha.
2. The Deputy Superintendent of Police,
Vigilance Cell, Scheduled Tribes
Scrutiny Committee, Nagpur. .... NON-APPLICANTS
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Shri R. M. Bhangde, Advocate for the Applicant.
Shri S. S. Doifode, Additional Public Prosecutor for the Non-applicants/State.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 23.09.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicant is challenging Charge-Sheet
No.618/2018 and consequent proceedings pending on the file of
the learned Second Judicial Magistrate First Class, Wardha for the
offences under Sections 11(1)(a) and 11(1)(b) of the Maharashtra
Scheduled Castes, Scheduled Tribes, De-Notified Tribes, (Vimukta
Jatis) Nomadic Tribes, Other Backward Classes and Special
Backward Category (Regulation of Issuance and Verification of)
Caste Certificate Act, 2000.
4. The applicant was granted certificate on 26.06.1981 by
the Executive Magistrate, Wardha certifying that the applicant
belongs to "Pawara" caste. On the basis of such certificate, the
applicant was appointed as full time lecturer in "Anandniketan
College of Science, Arts and Commerce", Anandwan, Warora by
appointment order dated 31.08.1988 and thereafter, was
appointed to the post of Principal under open category. On the
complaint made by Dr. Babasaheb Ambedkar Teachers Welfare
Association, Warora, Caste Scrutiny Committee by order dated
12.05.2008, cancelled and confiscated the Caste Certificate of the
applicant and authorised the non-applicant No.2 to file First
Information Report against the applicant. The Deputy
Superintendent of Police Vigilance Cell, Scheduled Tribes Scrutiny
Committee filed a complaint on 07.08.2008 with the
non-applicant No.1 - Police Station, Wardha and on the basis of
the said complaint, the First Information Report came to be
registered against the applicant. The Charge-Sheet came to be
filed against the applicant on 03.12.2018. The applicant has
therefore, challenged registration of the Charge-Sheet by way of
present application.
5. This Court on 25.02.2019, issued notice to the
non-applicants and in the meantime, stayed the proceedings
initiated in pursuance of the First Information Report
No. 3260/2008. The non-applicant No.1 has filed reply stating
that there is sufficient material available against the applicant.
6. We have heard Shri R. M. Bhangde, the learned
Advocate for the applicant and Shri S. S. Doifode, learned
Additional Public Prosecutor for the State.
7. Shri R.M. Bhangde, the learned Advocate for the
applicant submits that the issue involved in the present application
is squarely covered by the judgment of this Court in the case of
Vilas S/o Rambhau Majrikar Vs. State Of Maharashtra in Criminal
Application No.1173/2010, wherein this Court has held that filing
of police case by registration of the First Information Report before
the Criminal Court is not contemplated and what is contemplated
is filing of a private complaint by the Scrutiny Committee or its
Authorized Officer in accordance with Chapter XV of the Code of
Criminal Procedure. It is further held that since the provisions of
the said Act of 2000 came into force with effect from 23.05.2001,
the offences committed prior to coming into force of the said Act,
would not be covered as the said Act is prospective in nature.
8. In the facts the present case, undisputedly, the First
Information Report has been registered with the Police Station;
the alleged offence of issuance of invalid Caste Certificate is prior
to coming into force of the Act of 2000.
9. Therefore, we pass following order :-
The Charge-Sheet No. 618/2018 and consequent
proceedings pending on the file of Second Judicial Magistrate First
Class, Wardha for the offences under Sections 11(1)(a) and
11(1)(b) of the Maharashtra Scheduled Castes, Scheduled Tribes,
De-Notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other
Backward Classes and Special Backward Category (Regulation of
Issuance and Verification of) Caste Certificate Act, 2000 are
quashed and set aside.
10. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
