IN THE HIGH COURT OF GAUHATI
Prasanta Kumar Saikia, J.
Sanjib Mazumdar - Appellants
Vs.
State of Assam and Ors. - Respondent
Crl. Pet. No. 216 of 2014
Decided On: 19.02.2015
Constitution of India,1950 - Article 226 – Indian Panel Code,1860 - Section 468/471 – Criminal Procedure Code,1973 –Section 482 - members had certificate - seeking Quashment of First Information Report - petitioner herein was not a member of Scheduled Caste Community - However having forged some documents, he obtained a certificate to the effect that he is a member of Community of Assam which is recognized as Scheduled Caste Community in State of Assam - After about one month it was seen that his caste certificate as member of scheduled caste community and residence were forged - As per Constitution Chairman and members of Board should be members of Scheduled Caste community - Chairman who forged documents got to know that his certificate was forged - Therefore on Tuesday he published a news paper item in a news paper stating that he had changed his name - Held, It is therefore prayed that Your Lordships may be pleased to admit this petition call for records and issue a Rule calling upon the Respondents to show cause as to why a Writ in nature of Certiorari/Mandamus and/or any other Writ order or direction of like nature shall not be issued directing/commanding Respondent authorities particularly - Respondent to take necessary action to remove Respondent from post of Chairman of Sub-Divisional Scheduled Caste Welfare Board in terms of letter and also as to why direction shall not be made directing Respondents not to allow Respondent to function as Chairman of Board till disposal of Writ Petition and upon causes or causes being shown if any and upon hearing parties Your Lordships may be pleased to make the Rule absolute and/or pass such appropriate order/orders or direction as Your Lordships may deem fit and proper - Petition Allowed
Prasanta Kumar Saikia, J.
1. This criminal proceeding u/s. 482 Cr.P.C. has been filed by one Sanjiv Mazumdar @ Sonti Mazumdar seeking quashment of First Information Report which gave rise to Dispur P.S. Case No. 1458 of 2013 u/s. 468/471 IPC. I have heard Mr. N. Das, learned counsel for the petitioner. Also heard Mr. K. Munir, learned Addl. Public Prosecutor appearing for the State respondent and Mr. B. Kalita, learned Senior counsel assisted by Mr. A. Kanikar and Mr. P. Bora for the private respondent No. 2.
2. The brief facts necessary for disposal of the present proceeding are that one Hari Das lodged an FIR with O/C Dispur Police Station alleging that the petitioner herein was not a member of Scheduled Caste Community. However, having forged some documents, he obtained a certificate to the effect that he is a member of Hira Community of Assam which is recognized as Scheduled Caste Community in the State of Assam.
3. On the basis of such forged certificate, he occupies the post of the Chairman of Sub-Divisional Scheduled Caste Development Board, Guwahati (in short, the Board) and had committed serious illegality in discharging his function as Chairman of the Board aforesaid. For ready reference, the relevant part of the FIR is reproduced below--
"Sir,
With due respect, I would like to state that I am an ordinary resident of Narenga of Boko Constituency. I intend to make a complaint that the Chairman of Guwahati Sub Division Scheduled Caste Welfare Board is not a scheduled caste person. In his caste certificate, it is stated that he is a person of Hira community and named as Sri Sonti Mazumder, son of Dhruba Mazumder, resident of village - East Jyotinagar. He had obtained the certificate on 12.7.1990 from the Board in the name of Sri Dhruba Mazumder, Sri Dhiraj mazumdar and Sri Sonti Mazumdar; before that, neither of his family members had certificate. According to Sri Sonti Mazumdar, his father got appointment in Government job with the help of certificate of Scheduled Caste community. But, the certificate was obtained on 12.7.1990.
He was appointed as Chairman of Guwahati sub Division Scheduled caste Welfare Board on 12.7.1990. In the certificate, his name was Sri Sanjib Mazumdar and residence was stated as Boko, Pairanga. After about one month, it was seen that his caste certificate as member of scheduled caste community and residence were forged. As per Constitution, the Chairman and members of the Board should be members of Scheduled Caste community. The Chairman, who forged documents got to know that his certificate was forged. Therefore, on 10.1.2012, Tuesday, he published a news paper item in a news paper named "Janashadharan" stating that he had changed his name. He had stated in the news paper that he changed his name on 9.11.1999 before a Notary. We have come to know that on 9.11.1999; there was not Notary available, hence, that was also fraudulent. Thereafter, the residents of Boko had filed a complaint before the Circle Officer, Boko that Sanjib Mazumdar was not a resident of Boko Pairanga. As per complaint of public, the circle officer proved that he is not a resident of Boko Pairanga. The Circle Officer, Boko had also sent letter to the Deputy Commissioner, Kamrup that is not a resident of Boko. It is learnt that his office is located at Rukminigaon."
4. On the basis of such FIR, Dispur P.S. Case No. 1458 of 2013 u/s. 468/471 IPC was registered and investigation was going on.
5. Being aggrieved by the aforesaid FIR and subsequent registration of a case on the basis of such an FIR, the present petitioner had approached this Court seeking quashment of FIR dated 22.07.2013 alleging that such an FIR did not disclose any offence having been committed by the accused-petitioner, much less his committing offence u/s. 468/471 IPC.
6. His further case is that he is a genuine member of Hira Community which is recognized as Scheduled Caste in the State of Assam. In that connection, he has obtained a certificate from the co
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