Court No. - 30
Case :- APPLICATION U/S 482 No. - 1664 of 2003 Applicant :- Mohd. Hameed Opposite Party :- The State Of U.P. And Another Counsel for Applicant :- A.P. Tewari,S.S. Tripathi Counsel for Opposite Party :- Govt.Advocate
Hon'ble Vivek Kumar Birla,J.
Heard Sri A.P. Tewari, learned counsel for the applicant and Sri Ravindra Kumar Mishra, learned AGA appearing for the opposite party and perused the affidavit filed in support of this application.
Present application has been filed for quashing charge-sheet dated 30.12.2011 submitted by the police against the petitioner in Case Crime No. 226 of 1999, under Sections 419, 420, 467, 468 IPC, Police Station Pipiganj, District Gorakhpur as well as the order dated 6.3.2002 passed by the Additional Chief Judicial Magistrate I, Gorakhpur in Criminal Case No. 420 of 2002.
Charge-sheet was filed against the petitioner on the ground that he has submitted a false caste certificate as Muslim Banjara is not included in the category of other backward class.
Drawing attention to the judgement of Hon'ble Division Bench of this Court dated 4.8.2009 passed in Civil Misc. Writ Petition No. 6152 of 2001 (Moazzam Ali vs. State of UP and others) and other connected petition, submission is that Hon'ble Division Bench has held that Banjara in Muslim religion is also covered by the category of Banjara as provided in the schedule category. He, therefore, submits that the bottom of the prosecution is knocked of and as such, charge-sheet against the petitioner is not sustainable in the eye of law. He further pointed out to annexure 2 to the supplementary affidavit to indicate that in fact on 2.10.2015 the petitioner was accordingly issued a caste certificate in the category of Banjara and subsequently he was again elected Pradhan of Gram Panchayat Jungle Bihuli, Vikas Khand Pepeeganj, Tehsil Pepeeganj, District Gorakhpur in the year 2015 and certificate dated 13.12.2015 to this effect was issued to the petitioner.
Learned AGA could not dispute the aforesaid legal position.
Under such circumstances, prosecution of the petitioner pursuant to the charge-sheet dated 30.12.2011 in Case Crime No. 226 of 1999, under Sections 419, 420, 467, 468 IPC, Police Station Pipiganj, District Gorakhpur will be a futile exercise.
Accordingly, present applicant stands allowed. The charge-sheet dated 30.12.2011 submitted by the police against the petitioner in Case Crime No. 226 of 1999, under Sections 419, 420, 467, 468 IPC, Police Station Pipiganj, District Gorakhpur as well as the order dated 6.3.2002 passed by the Additional Chief Judicial Magistrate I, Gorakhpur in Criminal Case No. 420 of 2002 are quashed.
Order Date :- 30.1.2019 Abhishek