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Certificate using fake documents

(Querist) 08 March 2012 This query is : Resolved 
X(Female) was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC)and X is Backward Class (BC). X name was registered in Y Ration Card on May 2009. Father of X(Female) prepare his daughter (X)BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies and giving affidavit by father that she is student and our family member. But actually in May 2009 X father struck out his name. X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009.


Some third person Z complaint to police that X (Female) BC certificate is invalid & prepared by false/fake documents, inquiry conducted by DSP of Police and police gave their views that register FIR againt X(Female) father and DSP sent file to DA(Legal). DA (Legal) gave his openion that it is not an offence.
What Can we do now to lodge FIR against X father. Can we go to Illaqa Magistrate under CrpC 156 (3). Guide Us ?

ajay sethi (Expert) 08 March 2012
if false certificate has been prepared by using fake documents and police is not loding FIR then you cna complain to magistrate under section 156 (3) to direct police to investigate offence .


Arvind Singh Chauhan (Expert) 08 March 2012
Females caste remain the same in which she got birth even after marriage she can get the benefit of reservation on the basis of such caste.

But as in affidavit true facts have been suppressed, No person other than the authority before whom the affidavit was filed may complaint.
Adv.R.P.Chugh (Expert) 08 March 2012
I concur with what Ld.Mr.Arvind says.
Shonee Kapoor (Expert) 08 March 2012
nothing left to b added

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate (Expert) 09 March 2012
On one side you admit that she was SC. Mere fact that she is married to OBC does not alter the situation.

It appears you hve failed to frame a false case.

If the certificate is obtained by using false documents that certainly means that she was not born as SC and caimed so wrongly. This does not appear to be the case.


Further you are also not wheter certificate is invalid or peocured using fake documents.
Ankarsh Rattan (Querist) 09 March 2012
BC certifucate is prepared by fake ration card copy and true facts are not lie in affidavit. fathe says in affidavit that she is unmarried anf member of his family but she is married at that time. guide us ?


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