SC sets aside MP HC order quashing criminal complaint for contesting election on false SC certificate

New Delhi, Oct 14 (PTI) The Supreme Court on Tuesday set aside an order that quashed a criminal complaint against four persons in connection with the alleged use of a false Scheduled Caste community certificate by one of them to contest the 2008 Madhya Pradesh assembly election as a reserved category candidate.

A bench of Justices B V Nagarathna and K V Viswanathan noted that the Madhya Pradesh High Court had conducted a "mini trial" while quashing the criminal complaint filed in 2014 in Guna.

"As to whether the offences will be made out at the trial will depend on the evidence adduced. At this stage, it cannot be said that there is a case for nipping the prosecution for these accused at the bud," the bench said, while directing that the complaint be restored and the trial be concluded within a year.

The apex court delivered the verdict on the appeals challenging a June 2016 order of the Madhya Pradesh High Court's Gwalior bench.

The apex court bench noted that the complaint was filed for the alleged offences, including that of cheating, as one of them had contested a legislative assembly seat in 2008 as a reserved category candidate, portraying himself as belonging to the Scheduled Caste.

The complaint alleged that false information and an affidavit were given by him with the help of the three others, claiming that he belonged to the 'Sansi' caste.

The counsel appearing for the appellant argued in the apex court that in August 2008, just two months prior to the declaration of election, the accused got a false Scheduled Caste certificate issued.

The lawyer representing the accused contended that the complaint reeks of malafide and it was a witch-hunt against the accused.

The bench noted it was undisputed that one of the accused had contested and won the election.

The bench observed that it could not be said, on a reading of the complaint and the unimpeachable documents, that no offence, including that of cheating, was prima facie made against the accused.

"No doubt the ultimate outcome will be subject to further proof at the trial. In other words, it could not be said that on a demurrer the complaint can be quashed against the said four accused," it said.

The bench said the trial court had meticulously applied its mind and out of the 12 accused arrayed, had taken cognisance only against four.

While setting aside the high court order, the bench said the criminal complaint case would stand restored.

"We direct that the trial shall be proceeded with from that stage. Considering that it is a complaint of 2014, we further direct that the trial be concluded expeditiously in any event within a period of one year from today," it said.

The bench said trial in the case would be held uninfluenced by the findings of the apex court as well as of the high court. PTI ABA RT