Brajbhushan Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPCR No. 367 of 2018 Brajbhushan Yadav S/o Ghanshyam Yadav Aged About 31 Years R/o Abhishek Vihar, Phase - 2, Mangla, Quarter No. 30, P.S. Civil Line, Tahsil and District Bilaspur Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Home Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

2. Superintendent of Police, Bilaspur, District Bilaspur Chhattisgarh.

3. Station House Officer Police Station Civil Line, Bilaspur, District Bilaspur Chhattisgarh.

4. Smt. Shinki Meshram D/o Ram Lal Meshram, R/o Magarpara, Chowk, Sukhchain Badi, Bilaspur, P.S. Civil Line, Tahsil and District Bilaspur Chhattisgarh. --- Respondents 17.01.2019 Mrs. Hamida Siddiqui, counsel for the petitioner. Mr. Anant Bajpai, Panel Lawyer, for the State. Perused the return of the State.

In this petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to issue a direction to the respondents to register FIR as against respondent No.4. The allegation levelled against her is that she had obtained false caste certificate of Gond and on that basis, she obtained the job in Health Department.

The return of the State supported by affidavit purports that Annexure P-2 the caste certificate was issued by the Court of Naib Tahsildar, Bilaspur. The case of the respondent No.4 is shown as Mahar, the scheduled caste. It is stated that on the basis of caste certificate of Mahar, the job was obtained, as such, the investigation do not make out a cognizable offence.

In view of such submission, this Court is not inclined to

issue a direction for registration of FIR in exercise of power conferred under Article 226 of the Constitution of India. If the petitioner is aggrieved by the caste certificate, he may seek appropriate remedy available to him under the law. With the above observation, this petition stands disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o