IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15875 of 2007 MD.QUTUB UDDIN S/O LATE MD.NEYAZUDDIN R/O SALIMPUR, PS-JAGDISHPUR,DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. SHYAMANAND SHARMA BDO, JAGDISHPUR,BHAGALPUR—-------- ----------------OPPOSITE PARTIES ----------- For the petitioner: M/s. Krishna Mohan & Praveen Kumar, Advocates For the State: Mr. Choubey Jawahar,APP --------- 6 30.4.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is seeking quashing of the FIR lodged against him under sections 467, 468, 471 and 420 of Indian Penal Code which relates to Jagdishpur P.S. Case No. 82 of 2006. Based on a written report submitted by the BDO of Jagdishpur, the FIR in question came to be registered. The allegation made is that the petitioner had obtained a caste certificate alleging that he belonged to Momin caste and therefore a backward class to avail the benefit of becoming a candidate in the constituency for Mukhiya which was reserved for backward caste, when he really belonged to Seikh caste which was not a backward caste. Based on the said allegation F.I.R. under sections mentioned in the earlier part of the order came to be registered. Petitioner does not deny that he was a candidate for the post of Mukhiya of Chandpur Gram Panchayat which was reserved for backward community. During the course of filing of his nomination he had filed the caste certificate as well as the notification of the State of Jharkhand where Momin Muslim, - 2 - Sheikh, Julaha and Ansari are treated as backward. The caste certificate had been issued to the petitioner by the competent authority after due verification and that forms the basis for filing the nomination which was duly accepted. But subsequently on an allegation made by the rival candidate an enquiry was conducted and his nomination itself stood cancelled/rejected and the present case against him has been instituted. Submission of learned counsel for the petitioner is that none of the ingredients of the sections for which the petitioner is being made an accused is made out. Not only this, the caste certificate was issued by the authority and the same was obtained by the petitioner. If the authority came to a considered opinion that the petitioner was not liable to be categorized as a backward caste in the State of Bihar then the consequences of the same are civil in nature and cancellation of the same. But merely because subsequently it is alleged that the petitioner is a Sheikh and is not a backward class therefore it cannot be said that he had committed offence under sections 468, 467 of the I.P.C. The Court has gone through the provisions of the Indian Penal Code and the ingredients given therein and comes to a conclusion that none of the offences are made out in terms of the allegation which has been made in the FIR. Looking at the nature of the allegation, the institution of the present case as it stands is an abuse of the process of the court. Petitioner has made out a case for interference. Let the F.I.R. and the further proceeding arising - 3 - out of Jagdishpur P.S. Case No. 82 of 2006 stands quashed. This application is accordingly allowed. RPS (Ajay Kumar Tripathi,J.)