DHANJITA MEDHI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Hitesh Kumar Sarma, J. -
(1.) This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Miss Dhanjita Medhi, in connection with Sualkuchi PS Case No. 35/2015 registered under Sections 468/420 of the IPC.
(2.) Heard Ms. KK Choudhury, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam. Perused the petition as well as the annexures furnished therewith.
(3.) The FIR itself discloses that the accused-petitioner has been studying in the IIT, Guwahati and is a student belonging to the reserved category of Scheduled Caste by obtaining a Scheduled Caste certificate frauduently. The police have registered this case but in view of the decision of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil and Anr. Vs. Additional Commissioner, Tribal Development and Ors. reported in, 1994 6 SCC 241 as well as the decision of this Court in the case of Sanjib Mazumdar @ Sonti Mazumdar Vs. State of Assam and Anr. reported in, 2015 1 GauLT 597, it appears that the concerned committee constituted for issuing such certificate on screening of candidates for issuance of such certificate is the competent authority to look into such matter. The decision of this Court, referred to above, has also referred to the decision of the Hon'ble Supreme Court in Kumari Madhuri Patil (supra) and this Court decided the issue involved in the aforesaid decision in the light of the decision rendered in para 13 of the decision of the Hon'ble Supreme Court in Kumari Madhuri Patil (supra).;
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