State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
5 apl117.19
Scrutiny Committee gives a definite finding that the
candidate has obtained the caste certificate by giving false
information or filing false statement or documents or by any
other fraudulent means that the prosecution is permissible."
In the present case, there is no finding given by the Caste Scrutiny
Committee while invalidating the caste certificate of the applicant
that he had obtained the same by furnishing false information or
filing false documents or any other fraudulent means. The first
information report, therefore, cannot stand to the scrutiny of law.
Even otherwise, in view of law laid down in the case of State of
Haryana and others vs. Ch. Bhajan Lal and others (AIR 1992 SC 604),
application is liable to be allowed as same would fall in guideline no.1 of
seven guidelines laid down by the Hon'ble Apex Court while considering
application for quashing of first information report. Guideline no.1 of the
said guidelines would read thus :