Criminal Application No.1106 of 2007

13th December, 2013

Petitioner Counsel: Ms. M.G. KASTURE, Mrs. M.A. KULKARNI
Respondent Counsel: Shri. M.M. NERLIKAR

JUDGMENT

NARESH H. PATIL, J. :- Heard. The Applicants challenge registration of First Information in Crime No.22 of 2007 with City Chowk Police Station, Aurangabad, for the offences punishable under Sections 420, 468, 471 read with 34 of the Indian Penal Code.

2. It is submitted that the Applicant No.1 claims to be belonging to "Tadvi Pathan", Scheduled Tribe. Her caste certificate was invalidated by the Scrutiny Committee by order dated 28th April, 2006. The First Information Report is filed by the Circle Officer of Aurangabad Tahsil Office on the direction of Tahsildar. It was registered at Crime No.22 of 2007 with City Chowk Police Station, Aurangabad.

3. While admitting the Application, learned Single Judge of this Court (CORAM: B.R. GAVAI, J.), referred to the provisions of Section 11(2) of the Maharashtra Scheduled Caste, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Namadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short "Caste Certificate Act"). Ad-interim relief in terms of prayer clause (D) was granted and further proceedings in pursuance of Crime No.22 of 2007 were stayed. However, it was made clear that if the competent authority i.e. Caste Certificate Scrutiny Committee proposes to take any action against the Petitioner, admission of the Application should not be construed as obstruction in the way of the competent authority.

4. We have perused the reply filed by the Assistant Police Inspector, City Chowk Police Station, Aurangabad. The deponent contended that caste claim of the Applicant No.1 was invalidated by the Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad. Copy of the order passed by the Scrutiny Committee is placed on record.

5. From the record it reveals that the Applicant No.1 challenged the order passed by the Scrutiny Committee in Writ Petition No.1943 of 2007. We had called for the proceedings of Writ Petition No.1943 of 2007, for our perusal. We have perused the order passed in the said Petition by the Division Bench of this Court (CORAM: S.J. VAZIFDAR AND P.R. BORKAR, JJ.), dated 6th June, 2007, which reads as under:

"Rule

The grant of Rule shall not be a ground for staying, postponing or delaying any other proceedings by or against the Petitioner."

6. Relevant provisions of Section 11(2) of the Caste Certificate Act reads as under:

"11. Offences and penalties.

(2) No court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the Scrutiny Committee or by any other officer duly authorised by the Scrutiny Committee for this purpose."

7. The Scrutiny Committee has not passed any order for lodgment of prosecution against the Applicants in accordance with the provisions of the Caste Certificate Act. Therefore, the complainant has no locus standi to file complaint, which was registered by the police.

ORDER

(A) For the reasons stated above, Crime No.22 of 2007 registered with City Chowk Police Station, Aurangabad, for the offences punishable under Sections 420, 468, 471 read with 34 of the Indian Penal Code, is quashed and set aside.

(B) As the Writ Petition No.1943 of 2007, challenging the order passed by the Scrutiny Committee is pending consideration before this Court, all the issues on merits are kept open, including the right of the Scrutiny Committee to file complaint or initiate prosecution against the Applicants, if any.

(C) Rule is made absolute in the above terms.

Ordered accordingly.