- (1.)THIS petition under Section 482 of the Code of Criminal Procedure Code (in brief "Code") has been preferred for quashing the FIR registered at Crime No. 24/2011, under Sections 420,465,466,471 and 474 of the IPC at Police Station Madhav Nagar, Ujjain.
(2.)Brief facts giving rise to this petition are that respondent No.9/complainant has lodged a written complaint against the petitioner alleging that the petitioner Dr. Sunanda Bharadwaj (Yadav) is posted as lecturer in Vikram University Ujjain got prepared forged caste certificate of backward class and file the same in various departments. Matter was enquired by SDM, Ujjain, during investigation it was found that the aforesaid caste certificate has not been issued by the Govt. or any other Department. Hence, he prayed for taking the action against petitioner. On the basis of this complaint Crime No. 24/2011 has been registered under Sections 420, 465, 466, 467, 468, 471, 472, 473, 474, 475, 488 and 120 -B of the IPC at Police Station Madhav Nagar, Ujjain against petitioner. Being aggrieved with this the petitioner has preferred this petition.
(3.)Learned counsel for the petitioner submits that the petitioner has not taken any benefit of the reservation provided for backward classes on the basis of the caste certificate. A State Level Caste Scruitiny Committee has enquired into the matter and found that petitioner has not utilised the caste certificate. She has applied for unreserved category. It is further stated that only State Level Caste Scrutiny Committee has power to declare the social status and verify the validity of the certificate. Police has no jurisdiction to investigate the matter. Respondent Nos. 6 to 8 with the connivance of respondent No.9 has malafidely registered the complaint against petitioner. [Reliance has been placed in the matter of Sharda Nimje Vs. Govt. of India & Ors. reported in 2014(1)JLJ 333, Netram and Ors. Vs. Kaushalendra Singh & Anrs. reported in 2015(2) ANJ (M.P.) 365, Vikas Vs. State of M.P. reported in MPWN 2002(II) 195, Malkit Singh Vs. State of M.P. & Ors. reported in 2011(I) MPWN 18.] Prosecution of the petitioner amounts to abuse of process of Court. Hence, prayed that FIR and proceeding, if chargesheet has been filed, be quashed.