The Supreme Court set aside a 2016 order of the Madhya Pradesh High Court that had quashed criminal proceedings in a case involving the alleged use of a forged Scheduled Caste certificate to contest a reserved Assembly constituency.
A Bench of Justices B.V. Nagarathna and K.V. Viswanathan restored the criminal complaint and the Chief Judicial Magistrate’s order taking cognizance of offences under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code, directing that the trial be concluded within one year.
The complaint alleged that a candidate from the general category fraudulently procured a caste certificate claiming Scheduled Caste status to become eligible for a reserved legislative seat. It was further alleged that false affidavits and forged documents were submitted to secure the certificate, which was later cancelled and confiscated by the State Caste Scrutiny Committee an action that had been upheld up to the Supreme Court.
The High Court had quashed the proceedings, reasoning that no prima facie offence of cheating or forgery was made out and attributing the misrepresentation to “legal illiteracy.” The Court disagreed, holding that the High Court had conducted a “mini trial” and prematurely evaluated the evidence. It ruled that the allegations disclosed sufficient grounds for prosecution and that the case should proceed to trial before the competent court.
