Madhya Pradesh High Court
Swamidin Rajak vs The State Of Madhya Pradesh on 18 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:27413
1 CRR-2632-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 2632 of 2025
SWAMIDIN RAJAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave- Advocate for the petitioner.
Shri Rajesh Joshi- GA for the State.
(Heard on: 11.09.2025)
(Delivered on: 18.09.2025)
ORDER
This criminal revision under section 397 read with section 401 of the
Cr.P.C.,1973 alternatively section 438/ 442 of the BNSS, 2023 is preferred
being aggrieved by judgment dated 13.06.2025 in Criminal Appeal
No.10/2021 by the 4th Additional Sessions Judge, Khargone (Mandleshwar)
(M.P.) arising out of judgment dated 26.02.2021 in RCT No.993/2003 by
Chief Judicial Magistrate, Khargone whereby the conviction of the revision
petitioner under sections 419, 468, 471 of the IPC and sentenced to undergo
RI for 2 years, with fine of Rs.500/- with default stipulation of additional 15
days SI for each offence as awarded by the trial court has been affirmed.
2. Brief facts of the case are that revision petitioner was put to trial for
charges under sections 420, 468 and 471 of the IPC for securing the job of
clerk through Banking Services Recruitment Board, Bhopal reserved for
scheduled caste category candidate and representing himself to be a
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candidate of scheduled caste category knowing that he does not belongs to
schedule caste category and for that purpose he used a forged caste
certificate (Exhibit-P/23) dated 07.09.1995 purported to be issued by
Tehsildar Sohagpur, District Shahdol regarding which a Crime No.172/2021
was registered at Police Station-Barud, District-Khargone.
3. Revision petitioner abjured his guilt and claimed for trial. To bring
home the guilt, prosecution examined the Officer of Barud Tanda, Bank of
India Mukesh Kumar as (PW-1) then Branch Manager Sudhir Kumar as PW-
2, then Tehsildar Sohagpur, District Shahdol, A.D, Shrivastava as (PW-3),
then Branch Manager Bank of India, Mohanlal as (PW-4), Head Constable
M.S. Yadav as (PW-6) then Executive Magistrate in the Office of District
Magistrate, Shahdol Smt. Bharati Ogare as (PW-7), then SDM Sohagpur,
Avdesh Pratap Singh as (PW-8), Dy. Chief General Manager Bank of India
Ashok Kumar as (PW-9), Sub-Inspector P.S.-Barud Tanda Chunnilal as
(PW-10), Chief Manger Bank of India Shri Omkar Singh Dhurve as (PW-
11), In-charge P.S.-Barud. Lalit Singh as (PW-11-A), Hand Writing Expert
Anil Kumar Shrivastava as (PW-12), Assistant Sub Inspector, P.S,
Barud Mukesh Dubey as (PW-13), Retired Police Officer Sunil Kumar as
(PW-14).
4. In cross examination under section 313 of Cr.P.C. 1973 all the facts
and circumstances appeared against him. His defense is that he did not
adduced the caste certificate. Due to a dispute with the then Manager of
Bank of India, Branch Barud Tanda, he has been falsely implicated in this
case. He did not adduced any evidence in his defense and he relied on the
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cross examination of the witnesses.
5. Appreciating the evidence, Chief Judicial Magistrate First Class,
Khargone recorded the finding that the revision petitioner submitted
(Exhibit-P/3) for securing employment with Bank of India and certificate
(Exhibit-P/3) was not issued by the then Tehsildar Sohagpur, District
Shahdol Rajat caste is not included in the list of schedule caste category and
the act of revision petitioner falls under the category of sections 419, 468
and 471 of the IPC and convicted and sentence the revision petitioner as
mentioned in para-1 of the judgement.
6. This revision petition is filed on the ground that ingredients of
section 468 of the IPC is lacking in this particular case and there is inordinate
delay in lodging of the FIR. Prosecution could not proved guilt of the
revision petitioner.
7. Heard.
8. Counsel for the State opposes the criminal revision.
9. Perused the record.
10. Exhibit-P/15 proved by Ashok Kumar, Chief Regional Manager,
Bank of India (PW-9) is the application that was submitted by the revision
petitioner for clerk cadre representing himself to be a person belonging to
scheduled caste disclosing his date of birth as 25.09.1966 and educational
qualification as Post Graduate Degree in Economics. Exhibit-P/15 was
submitted on 10.04.1995 and Exhibit-P/3 was submitted in support of his
claim for scheduled caste category purported to be issued by Tehsildar
Sohagpur, District Shahdol on 07.04.1995 and then Tehsildar, Sohagpur
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District Shahdol A.D, Shrivastava (PW-3) deposed that he had not issued
Exhibit-P/3. Rajat Jaati falls under OBC category in Shahdol District.
Accordingly the conviction of the revision petitioner does not deserve any
illegality hence the conviction is affirmed.
11. Now come to the quantum of sentence. The matter relates to
securing employment reserved for scheduled caste category on the strength
of a forged certificate. It has a tendency to affect the marginal right of the
society. Trial court as well as the first appellate court have already shown
leniency in imposing the sentence. There is no case for further leniency.
Hence this revision petition is hereby dismissed.
(GAJENDRA SINGH)
JUDGE
ajit
