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RAMJI LAL versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Ramji Lal v. State Of U.P. & Another - APPLICATION U/s 482 No. 8697 of 2002 [2006] RD-AH 3842 (17 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

     Criminal Misc. Application No. 8697 of 2002

  Ramji Lal vs. State of U.P. & another

Hon. K.N. Sinha, J.

The present application under section 482 Cr.P.C. has been moved before this Court for quashing of the charge sheet and proceedings in Case No. 740/2002 State Vs. Ramji Lal under sections 419/420/467/468/471 I.P.C., police station Kheragarh, district Agra, pending in the court of Vth A.C.J.M. Agra.

The brief facts, giving rise to this application, are that applicant Ramji Lal is Karbal by caste and the caste certificate was issued by Tahsildar after verifying the entire facts about the applicant but opposite party no.2 lodged an F.I.R. against the applicant, which was registered as case crime no. 52 of 1999 under the above sections, alleging that the applicant obtained the forged caste certificate by misrepresentation.  The applicant submitted an application before the Tahsildar, who called for report from Naib Tahsildar and Lekhpal, which are Annexure No.2 and 3 to this petition.  After obtaining the report, the caste certificate was issued by Tahsildar, which is Annexure No.4 on record.  The Investigating Officer recorded the statement of opposite party no.2 and other witnesses of locality who told that caste Karbal is a scheduled caste.  All the papers connecting with this enquiry are Annexure 7 and 8 to the petition.  The investigation was conducted by various investigating officers but there was no evidence against the applicant and the Senior Prosecuting Officer also submitted a report to this effect, which is Annexure No.10 on record.  In spite of all that, the charge sheet was submitted against the applicant, without any evidence, hence it has been prayed for quashing of the charge sheet.

In this case opposite party no.2 Bachche Lal filed counter affidavit on the ground that one written complaint was made by one Hari Ram stating that applicant has  obtained forged caste certificate.  On the basis of that complaint, an inquiry was conducted by Naib Tahsildar and then the F.I.R. was lodged.  In fact caste Karbal and Kalar are two different castes.  Caste Kalar comes within backward caste and caste Karbal comes within the scheduled caste.  The applicant, by playing fraud, has obtained caste certificate of scheduled caste showing himself to be of Karbal caste.  It is the counter affidavit of seven paras.  The crux of the matter being mentioned in para 4, is as stated above.  The opposite party no.1 has also filed counter affidavit through Bhaiya Lal, Sub Inspector, police station Kheragarh district Agra.  A general reply has been made and also stated that on the basis of evidence, the charge sheet was filed.

The applicant filed rejoinder affidavit stating that no parawise reply has been submitted and the short facts of F.I.R. have been mentioned.  The statement of Ram Gopal Naib Tahsildar was recorded by the Investigating Officer, the true copy whereof is Annexure RA-1.

I have heard Sri K.K. Dwivedi learned counsel for the applicant learned A.G.A. and perused the affidavits, counter and rejoinder.  The contention of the learned counsel for the applicant is that applicant has moved application (Annexure No.3) before the Tahsildar that he belongs to Karbal caste which is scheduled caste, hence the caste certificate may be issued.  It is not that the certificate was issued at once but after the detailed inquiry.  The matter was investigated, then further investigated and the Senior Prosecuting Officer gave opinion (Annexure No.10) that whatever evidence was collected during investigation, it does not make out any offence.  It was further mentioned that the complainant had sent the transfer certificate of School and photo copy of a sale deed and ultimately the Senior Prosecuting Officer submitted that no offence is made out.  There are also one report of the Investigating Officer L.S.P. Singh on record, which is Annexure No.11.  The number of witnesses including the certificate of Secretary, Town Area Committee was examined in which it was disclosed that applicant is of Karbal caste.  Has there been any misrepresentation or forgery, the Naib Tahsildar or the various investigating officers must have come to this conclusion that applicant is not Karbal but Kalar, but there is nothing of this sort on the record.

It is not that the Tahsildar has acted on the application of the applicant but after a thorough inquiry by Naib Tahsildar and Lekhpal this certificate was granted.  Then hardly there was a chance that Naib Tahsildar or Lekhpal shall give false report endangering their service.

Thus, this is a case of no evidence against the applicant.  The continuance of trial conducted in this case is sheer wastage of valuable time of the court and it would not serve any purpose.

Consequently, the application is allowed.  The proceeding in Case No.740/2002 State vs. Ramji Lal under sections 419/420/467/468/471 I.P.C. police station Kheragarh, district Agra pending in the court of Vth A.C.J.M. Agra are hereby quashed.

Dated:17.2.2006

RKS/8697/02


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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