Madhya Pradesh High Court
Mitta Majhi vs The State Of Madhya Pradesh on 31 January, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 31st OF JANUARY, 2022
CRIMINAL APPEAL No. 345 of 2022
Between:-
MITTA MAJHI S/O LATE NANDA MAJHI ,
AGED ABOUT 65 YEARS, VILLAGE
BISHANPURVA, P.O.KARKAT, P.S. AND
TEH.GOHPARU (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ROHIT JAIN, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S.AJK P.S.AJK (MADHYA PRADESH)
(BY SHRI RAJI MATHAI, PANEL LAWYER)
2. HARISINGH S/O GAJEENA SINGH
OCCUPATION: NILL R/O GOHPURU,
DISTRICT- SHAHDOL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI B.K. MISHRA, ADVOCATE FOR RESPONDENT NO.2)
(Heard through Video Conferencing)
ORDER
The present appeal has been filed under Section 14 (A) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for brevity 'the Act') against the order dated 25.11.2021 passed by Special
Sessions Judge (Atrocities), Shahdol (MP), whereby the application of the
appellant under Section 438 of Cr.P.C. seeking anticipatory bail has been
rejected in connection with Crime No.2 of 2021 registered at Police Station
AJAK, District Shahdol for the offence punishable under Sections 420, 467,
468 and 471 read with Section 3 (2) (5) of the SC/ST Act.
It is alleged that the appellant has falsely been implicated in the case
and he has not committed any offence in any manner. In pursuance to the
elections for the post of Sarpanch to be held in the year 2015, the appellant
has applied for the same and was elected as a Sarpanch. Brother of the
appellant has also contested the election in the year 2009 under the category
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of Scheduled Castes, Majhi. It is argued that the caste "Majhi" is notified as
Scheduled Tribes in the State of Madhya Pradesh and has find place at
Sr.No.29 in the list.
Complainant Hari Singh Gond with respect to using of forged caste
certificate by the present appellant with a purpose of contesting in the
elections on the basis of which the case was registered for the offence
punishable under Sections 420, 467, 468 and 471 read with Section 3 (2) (5)
of the SC/ST Act by the police authorities. During investigation, they could
not found anything against the appellant and it was not found that the caste
certificate was ever used by the appellant for the purpose of contesting
election; therefore, no action was taken against him. Thereafter, the
complainant has filed an application under Section 156 (3) of the Cr.P.C.
before the competent Magistrate and cognizance was taken and directed for
conducing inquiry into the same. Thereafter, the appellant is apprehending his
arrest in the case. It is submitted that the appellant has never used caste
certificate which is stated to be forged. No caste certificate was submitted at
any point of time by the appellant along with his application form. He has
apprised to the authorities through Right to Information Act to give the copy
of the caste certificate, if any, has been used by the appellant along with the
application form which was submitted by him but no forged documents were
submitted by him nor applied by him at any point of time. It is submitted that
the elections were held in the year 2015 and for a period of almost five years,
the complainant has kept mum and only under the political influence, the
action was taken against the appellant and the SDO has got conducted the
inquiry into the matter who is having no jurisdiction to conduct any inquiry
with respect to the caste certificate. In view of the judgment passed by the
Hon'ble Supreme Court in the case of Kumari Madhuri Patil and Another
Vs. Addl. Commissioner, Tribal Development and Others reported in
(1994) 6 SCC 241. It is argued that only the high power committee which
has been constituted in terms of directions of Scheduled Castes in the case of
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Kumari Madhuri Patil (supra) has right to look into the genuineness of the
caste certificate. The appellant has remained Surpanch for almost five years
and has always co-operated with the police authorities. The police authorities
have not found anything against the present appellant in the inquiry conducted
and only on the basis of the private complaint, the offence has been
registered. Appellant is the first offender. He is ready to abide by all the terms
and conditions that may be imposed by this Court while considering the
application for grant of anticipatory bail.
Per contra, counsel appearing for the State as well as counsel
appearing for the respondent No.2 have vehemently opposed the application
stating that the appellant has contested the elections under the Scheduled
Tribes category despite being belonging to the OBC category. He has used
the caste certificate which on inquiry found to be registered in registration
records and was found to be registered in the name of one Shweta Kol but
could not denied the fact that the police authorities have not found anything
against the present appellant.
Counsel appearing for the State could not even dispute the fact that the
proceedings with respect to the Majhi caste is pending before the Hon'ble
Supreme Court and the Collector has taken note of the aforesaid aspect and
has observed that no final orders should be passed in the matter without the
lieu of this court. No action was taken by the police authorities against the
present appellant for a period of five years and the appellant has worked as a
Sarpanch and was never absconding. The action has been taken only on the
basis of the private complaint which has been registered against the appellant.
Appellant being the first offender is not disputed by the State counsel.
Counsel appearing for the objector has pointed out that the inquiry was
conducted by the SDO and it was found that he has used the caste certificate
of one Shweta Kol by manipulating the same and has obtained the post but he
could not denied the fact that the election of Sarpanch of the appellant was
never put to challenge at any point of time by initiating the appropriate
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proceedings. There is no denial of the fact that the documents and the RTI
has not been served upon the appellant at any point of time. He further
submits that it could not dispute the fact that in terms of Madhuri Patil (supra)
case, high power committee has jurisdiction to inquiry into the genuineness of
the caste certificate and look into the complaint or the forged caste certificate
and the SDO is having no jurisdiction to entertain the complaint.
Heard the learned counsel for the parties and perused the record.
Considering the overall facts and circumstances of the case, without
commenting upon the merits of the case, the bail application under Section
438 of the Cr.P.C.is allowed. Application under Section 14 (A) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
seeking anticipatory bail is allowed.
The appellant is directed to co-operate with the investigating agency
and will supply all the relevant documents and materials which are required by
the Investigating Officer. In lieu of the failure of any of the terms and
conditions, the bail granted by this court shall stand rejected automatically.
Accordingly, without commenting upon the merits of the case, subject
to the verification of the fact that the appellant is the first offender, this
appeal is allowed. It is directed that in the event of arrest, the appellant be
released on bail upon his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like
amount to the satisfaction of the Station House Officer/Arresting Officer of
the Police Station concerned. The appellant shall further abide by the other
conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order will remain operative subject to compliance of the following
conditions by the appellant:-
1. The appellant will comply with all the terms and conditions of the
bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may
be;
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3. The appellant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade her from disclosing such facts to the Court or to the Police Officer,
as the case may be;
4. The appellant shall not commit an offence similar to the offence of
which they are accused;
5. The appellant will not seek unnecessary adjournments during the
trial;
6. The appellant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be and
7. The appellant will inform the concerned S.H.O. of concerned Police
Station about his residential addresses in the said area and it would be the
duty of the Public Prosecutor to send E-copy of this order to SHO of
concerned police station as well as Superintendent of Police concerned who
shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of.
E-copy of this order be provided to the appellant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
CC as per rules.
(VISHAL MISHRA)
JUDGE
Sha
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Digitally signed by SHALINI LANDGE
Date: 2022.02.02 11:40:37 IST
