Legal Question in Criminal Law in India

Dear sir,

i am a student at one of the best engineering colleges of India.

we belong to general category.But my grand father(brother of my grand father)

issued a fake caste certificate to get appointed in a govt. job.He issued a fake caste certificate in 1984.Now he is retired from that job and getting pension.After that the whole family turns to st caste.Even the land certificate is of St categories.Everything is fine in the certificate.there is nothing tampering or anything else on it even the tehasildar's proper sign with date.N ow father is also an employee of govt sector producing the ST certificate.His job career reaches to 20 years now.I am also selected to engineering college under St category.caste verification was done in proper channel but nothing happened.But somebody lodged a case against us faking caste certicate.Now the case is in high court.Even my father got a stay order.So my question is am i guilty of this thing?Because i turned 18 after i got selected to the college.Even i didnt know about all the matters before my entrance exam.

I am a scholar student.So i dont want my career being ruined in this case in which am not involved and i am totally unware of it.If i will pass from the college after four years and having a private job.. will it effect on my career...

please explain me in details......


Asked on 2/08/13, 3:46 pm

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.02.2013

Dear Sir / Madam,

(Powai, Andheri East, Mumbai)

The Court will examine evidence, rely upon, and conclude the genuineness of the family status category i.e whether you actually belong to either General / Other Backward Class / Scheduled Caste / Scheduled Tribe. Till that time you will be deemed to be considered as Scheduled Tribe category.

In my view, in order to bring parity and equality amongst all people, categorization needs to be abolished. The Court will take into consideration that you are a student, and I do not think it will harm your career in any manner whatsoever.

Regards,

FCA Prashant Chavan

(You can also mail me for any other on-line advice at [email protected])

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Answered on 2/09/13, 1:50 am
Shrichand Nahar S.V.Nahar, Advocate

A criminal action is initiated against a person who indulges in act regarded as an offence.

If fake caste certificate was not prepared by you or not prepared at your instance, then you may not be liable.

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Answered on 2/09/13, 9:12 pm
Sanjay Kalra Sanjay Kalra & Associates

It is certainly going to trouble you ,If the authorities or the High Court finds out the truth that you are not from the ST category.. .......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/11/13, 2:43 am


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