IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 994 of 2009 Ram Kishore S/o Sri Ram Gopal R/o Village Rampura Post Office Rudrapur District Udham Singh Nagar. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary in the department of Home Affairs. 2. Tehsildar Kichha District Udham Singh Nagar. ...…………. Respondents Mr. T.A. Khan, Advocate for the petitioner. Mr. M.A. Khan, Brief Holder for the respondents. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 718 of 2008; State Vs. Ram Kishore @ Kishore Pal, relating to offences punishable under Section 420, 467, 468, 471 of I.P.C., pending in the court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 2 2) Heard learned counsel for the parties. 3) Learned counsel for the petitioner submitted that the aforesaid criminal case was initiated against the petitioner on the allegation that he has obtained the forged Scheduled Caste certificate, which was cancelled by the Tehsildar Kichha, on 26.09.2003. Learned counsel for the petitioner drew attention of this Court to the judgment and order dated 08.08.2006, passed by the District Judge, Udham Singh Nagar, in Election Petition No. 65 of 2003, wherein on the same plea, election of the petitioner was challenged as Ward Member of Nagar Palika Parishad, Kichha. In said election petition it was found that the present petitioner is actually a member of Scheduled Caste, and the election petition filed against him was dismissed. Apart from this, learned counsel for the petitioner referred to Annexure –9 to the petition, which is copy of the Scheduled Caste certificate dated 08.02.2008, issued by same authority i.e. Tehsildar Kichha, stating that Ram Kishore S/o Ram Gopal (present petitioner) is member of Scheduled Caste (belonging to Dhangar community). Learned counsel for the petitioner pleaded that the criminal proceedings initiated against the petitioner are frivolous, vexatious and untenable in law. Perusal of the first information report shows that the present petitioner got elected by claiming himself to be a member of Scheduled Caste and by obtaining certificate to that effect. 3 4) After the election petition has been decided in favour of the present petitioner and on going through the fresh certificate dated 08.02.2008, again issued by Tehsildar Kichha (copy of which is Annexure –9 to the petition), this Court finds that the criminal proceedings initiated against the petitioner are frivolous and cannot be maintained. 5) Accordingly, the petition under Section 482 of Cr.P.C. is allowed. The proceedings of Criminal Case No. 718 of 2008, State Vs. Ram Kishore @ Kishore Pal, (S/o Ram Gopal), in respect of offences punishable under Section 420, 467, 468, 471 of I.P.C., pending in the court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. (Stay Application No. 1376 of 2009 and Urgency Application No. 1582 of 2010 stand disposed of). (Prafulla C. Pant, J.) Dt. May 05, 2010. H. Negi