Jagdish Ambedkar vs Govt. Of N.C.T. Of Delhi
2001 Latest Caselaw 1570 Del

ORDER

K.S. Gupta, J.

1. Crl. Writ Petition No. 188/2000 under Articles 226 and 227 of Constitution of India was filed by the petitioner with the prayers as under:-

(A) A writ in the nature of Certiorari, directing the respondent to place before this Hon'ble court the entire proceedings in the matter mentioned in the petition, including the impugned orders annexed as Annexure (D) and (E) to the petition, for quashing the same.

(B) A writ in the nature of mandamus, commanding the respondent to observe strictly the statutory provisions and judicial rulings of Hon'ble Supreme Court and this Hon'ble court relating to the criminal trial proceedings during the trial of matter mentioned in the petition.

(C) An interim order restraining the respondent to proceed further with the matter involved in the present petition, pending decision to this Hon'ble court.

(D) Any such other or further order as their Lordships may deem fit and proper in the present facts and circumstances as stated above."

2. In terms of the order dated 16th February 2001 above Crl. Writ was ordered to be treated as a petition under section 482 Cr.P.C. by a Division Bench. It is how the matter is before this court.

3. Chargesheet was filed against the petitioner-accused alleging that he was recruited as S.I. (Executive) in Delhi Police on 30th June 1979 against scheduled caste vacancy on the basis of scheduled caste certificate procured by him from Deputy Commissioner, Delhi on 22nd April 1976. In this certificate the petitioner was shown to be belonging to 'Dhanak caste'. It is further alleged that in 1989 the petitioner asked for change in caste from scheduled caste to scheduled tribe and he submitted a certificate dated 14th September 1989 issued by Tehsildar, Tehsil Chaksu in District Jaipur (Rajasthan). In this certificate the petitioner was shown to be belonging to scheduled tribe community. In view of said two contradictory certificates a case was registered under section 420 IPC against the petitioner. After filing of charge-sheet, charge under section 420 IPC was ordered to be framed against him by the order dated 4th March 1996 passed by a Metropolitan Magistrate. Criminal Revision No. 6/96 taken out against this order was dismissed by the order dated 28th August 2000 by an Additional Sessions Judge. Copies of both these orders have been filed Along with the petition as Annexure "D" and "E" respectively.

4. Contention advanced by the petitioner was that charge under section 420 IPC ought not to have been ordered to be framed by the Metropolitan Magistrate and the Additional Sessions Judge also ought not to have dismissed Revision petition No. 6/96 without disposing of the application dated 8th February 2000 filed for referring the questions of law raised therein to this court. As regards later limb of contention, it may be noticed that scope in said Revision petition No. 6/96 was limited to the extent if the aforesaid order dated 4th March 1996 passed by the Metropolitan Magistrate ordering framing of charge under section 420 IPC was justified or not. The petitioner could not have widened the scope in revision by raising questions of law as noted in application dated 8th February 2000. So, even if this application was not disposed of before passing aforesaid order dated 28th August 2000 dismissing the revision petition, the Additional Sessions Judge cannot be said to have committed any illegality which may call for interference by this court under section 482 Cr.P.C.

5. Coming to first limb of submission referred to above, it may be noticed that at the time of appointment as S.I. (Executive) against S.C. vacancy, the petitioner had filed attestation form dated 23rd June 1979 wherein he showed his place of birth at Delhi; he being belonging to 'Dhanak' caste and residing since birth at BB-16, Basti Marwari, Nabi Karim, Paharganj. Contents at Serial Nos. 3, 6, 9 and 10 of the application which were supported by the affidavit of petitioner dated 12th September 1989 on the basis whereof aforesaid certificate dated 14th September 1989 was issued by Tehsildar, Tehsil Chaksu are material. Against serial No. 3 it was stated that petitioner belongs to 'Dhanak' caste. Against serial No. 6 which relates to place of birth of petitioner the name of Village Fatehpura/Khatehupura, District Jaipur in Rajasthan since birth. Evidently, two sets of said documentary evidence is sufficient to raise strong suspicion about commission of offence under said section 420 IPC by the petitioner. Motive behind seeking change from scheduled caste to scheduled tribe seems to be quick promotions in the later category. That apart, in substance this petition is in the nature of a second revision which is barred under sub section (3) of Section 397 Cr.P.C.

6. Consequently, the petition is dismissed being without any merit. Since petitioner has successfully not allowed the criminal case to proceed beyond the stage of charge during these over 5 years, the concerned Metropolitan Magistrate is directed to decide the case preferably within a period of 4 months on day to day basis.