AMARESHWAR SAHAY, J. - (1.) HEARD .
(2.) THE petitioner has challenged the order dated 24.1.2004 passed by the learned Additional Chief Judicial Magistrate, Saraikela, whereby he has rejected the petition under Sec.239 of the Code of Criminal Procedure, filed by the petitioner for his discharge. The facts, in short, are that on the basis of the written report of the Block Development Officer, Saraikela, a First Information Report was registered under Sections 420 and 471 of the Indian Penal Code against the petitioner, alleging therein that the petitioner by committing fraud got a caste certificate issued in his favour declaring himself to be a member of scheduled tribe. The police after investigation submitted charge -sheet and thereafter, cognizance was taken under the aforesaid sections.
(3.) THE petitioner has challenged the impugned order on the ground that he belongs to a caste (Gond), which has already been declared as scheduled tribe in the State of Bihar and he originally belongs to the district of Siwan, but after 1983 he was residing at Saraikela.;