Matter in nutshell is that my mother belongs to tribal community of HP and I passed 8th, 10th (1984) from that district but father hails from OBC of Punjab. My parents gave us a ST certificate in 1983 dated 16-11-1983 and i got a job in EPFO on this base. on Enquiry, SDM wrote in 2006 that ST certificate issued wrongly by them as father is NON-ST in 1983 and ST certificate can not be given to non- ST father's offspring. Same view was expressed by DC of the area in a letter in 2007. CBI initiated enquiry after Delhi high court order in some case in 2009. FIR was registered u/s 120b, 177,420,468,471,474 which was based upon SDM letter, 2006. CBI made final report u/s 420,471 in panchkula, haryana only saying i used false/forged ST certificate. They produced a circular of HP govt of the year 1986 in this regard which is explanatory in nature about status of offsprings saying denial of giving ST certificate if father is non-ST. but did not produce in their final report u/s173, the circular of HP govt and circular of Home Ministry, New Delhi of the year 1975-77 in this regard in which it was said that ST certificate can be given to offsprings of mixed parentage. They also produced the issuance register of 1983 in which no entry found of my ST certificate. They sent handwriting expert the specimen signature as are in 2010 of the then SDM and not of the year 1983. Expert said no view can be taken on it. SDM has given statement that his signatures are not genuine in the certificate but also given statement in trial court that he can not recall the circular of 1975-77! moreover, i think that SDM statement is not corrobarated with handwriting expert report so it is a weak evidence about forgery.
I think, Supreme Court view in Civil Appeal no. 654 of 2012[2012)3SCC400] is in my favour. Moreover, I used the certificate bonafidely as given by my parents and i used community of one of my parents and not of any other person. There is no witness/proof that I used the ST certificate knowing that it was false/forged. Then how can I be charged by section 420,471? Mens rea is absent if I am not a part of conspiracy. We have filed a writ petition in HP high court in 2011 which is still pending but CBI is not a party in it. Now tell me what to do now?
After framing of charges in Special CBI court in panchkula, we challanged it in session court but my lawyer withdrew it with consent of session court as session court declined to accept some new papers/judgements etc which were not in final report of CBI.
We filed petition in punjab & haryana high court u/s482 which was dismissed as in following words by court:-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-14030 of 2013 (O&M) Date of decision: 01.05.2013
Rajinder Kumar ...Petitioner Versus Central Bureau of Investigation ..Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Robin Dutt, Advocate, for the petitioner. **** Mehinder Singh Sullar, J. (Oral)
After arguing the matter for some time, when this Court was not inclined to exercise its jurisdiction, under Section 482 Cr.P.C., to quash the instant case registered against the petitioner, by the C.B.I, vide impugned FIR (Annexure P-2), containing direct and serious allegations, for the commission of offences punishable under Sections 420, 474, 177 and 468 read with Section 471 IPC, then learned counsel intends to withdraw the instant petition to enable the petitioner to take/urge all the points contained in it at the appropriate stage of the trial. Dismissed as withdrawn, with the aforesaid liberty, as prayed for.
May 01, 2013 (Mehinder Singh Sullar)
It is evident from the above judgement of the high court that case was not explained clearly to them and they were unable to understand the case( because hon'ble judge is saying that charges are serious and direct in the FIR but did not comment on final report of CBI which is only for sections 420,471.)
