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M.BALAN versus STATE OF KERALA

High Court of Kerala

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M.BALAN v. STATE OF KERALA - Crl MC No. 2517 of 2004 [2007] RD-KL 2094 (30 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2517 of 2004()

1. M.BALAN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.PIRAPPANCODE V.SREEDHARAN NAIR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :30/01/2007

O R D E R

K.R. UDAYABHANU, J


============================
CRL. M.C. NO. 2517 OF 2004 D
============================

Dated this the 30th day of January 2007

O R D E R

The petitioner, who is the accused in C.P. 59/2004 in the file of Judicial First Class Magistrate's Court-II, Thiruvananthapuram for the offence under section 17 of Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996), has sought for getting quashed the proceedings initiated against him. It is his case that he is not liable to be prosecuted again in view of Annexure X, Government Order No. 304/2000 dated 04.05.2000. The above order specifically excludes initiation of prosecution proceedings against a person who had managed to receive the benefits on the basis of an incorrect caste certificate vide clause 3 (II) of the above order. As per the relevant clause all steps punitive in nature which are recited in clause 3(I) A to D can be initiated against such person except the prosecution steps contemplated under clause E of the above provision. It is CRL. M.C. NO. 2517 OF 2004 D submitted that the petitioner obtained benefits on the basis of the alleged incorrect caste certificate before the commencement of the statute mentioned above. It is further submitted that he retired from service on 31.12.1997. The statute has came into force on 01.10.1996. Indisputably the petitioner managed to receive the benefits on the basis of the incorrect cast certificate before the commencement of the Act 11 of 1996.

2. I find that in view of the specific clause in the Government Order dated 04.05.2000, initiation of prosecution steps initiated under Act 11 of 1996 cannot be sustained. In the circumstances, the proceedings in C.P. 59/2004 against the petitioner in the file of Judicial First Class Magistrate's Court - II, Thiruvananthapuram is herewith quashed. The Crl. M.C is allowed accordingly.

K.R. UDAYABHANU, JUDGE.

RV CRL. M.C. NO. 2517 OF 2004 D


Copyright

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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