Case Note & Summary
The applicant, Pawansingh Kamalsingh Thakur, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No. 3062/2006 registered with respondent no. 1 and the consequent criminal case no. 213 of 2009 pending before the Judicial Magistrate, First Class, Motala, District Buldana. The FIR alleged an offence punishable under Section 11(1)(a) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000. The applicant contended that he was appointed as a nominee of a freedom fighter and never claimed his appointment on the basis of his caste nor furnished any caste certificate for the appointment. The respondents filed a copy of the applicant's application dated 31.7.2001, which showed that the applicant sought appointment in Class III category on the post of Multipurpose Health Worker as a nominee of a freedom fighter. The application referred to a Government Notification and stated that the applicant was a nominated ward of a freedom fighter, educated, unemployed, and needed employment. The court observed that a bare reading of the application made it clear that the applicant had not claimed appointment on the basis of his caste but as a nominee of a freedom fighter. Additionally, a communication dated 15.6.2006 from the District Malaria Officer, Amravati to the Director of Health, Mumbai verified the applicant's eligibility for employment as a nominee of a freedom fighter and did not mention any verification on caste basis. The court held that since the applicant was appointed as a nominee of a freedom fighter and not on the basis of his caste, the provisions of the Caste Certificate Act were not attracted. The FIR and criminal proceedings were quashed as they amounted to an abuse of the process of law.
Headnote
A) Criminal Law - Quashing of FIR - Section 11(1)(a) of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000 - Appointment as nominee of freedom fighter - Applicant was appointed as nominee of a freedom fighter and never claimed appointment on caste basis - FIR and criminal proceedings quashed as continuation would be abuse of process of law - Held that where appointment is not based on caste, provisions of the Act are not attracted (Paras 2-6).
Issue of Consideration
Whether the FIR and criminal proceedings under Section 11(1)(a) of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of issuance and Verification of) Caste Certificate Act, 2000 can be sustained when the applicant was appointed as a nominee of a freedom fighter and not on the basis of his caste.
Final Decision
The FIR No. 3062/2006 registered with respondent no. 1 and the proceedings in criminal case no. 213 of 2009 pending on the file of the Judicial Magistrate, First Class, Motala, District Buldana are quashed and set aside.
Law Points
- Quashing of FIR
- Caste Certificate Act
- Appointment as nominee of freedom fighter
- No caste claim
- Abuse of process
