Fake caste certificate ....urgent help please

Dear Sri.Chirag,

Please do not stay away from the Court proceedings. If you do that, at one stage, the Court may issue a Warrant against you. If would be ideal for you to appear before the Court and depose. As long as your mother has proff that she belongs to ST category, you will not have to worry.  The important thing is not to stay away from the proceedings. If the Court notifies the Embassy, that will not be good for you when in future when you file your visa or citizenship papers.

Best Wishes

Many thanks Gopalkrishna sir for the quick response .

Could you please answer the below questions , I request other seniors/experts to share their opnion on my earlier post and this post .

I do not want to ignore the honorable court preceedings and end up in creating the more problems for myself and my family .

1. If non balable warrent issued against me , then will they arrest me on arrival in India @ the airport , if so are there a solution to avoid this ? How do I know more details about this .

2. If I go back to India to attend the court proceedings , will they allow me to travel back , this is very important for me if they don't allow me to travel back I need to make necessary arrangements here and have to be start thinking of relocating completely  , if my passport gets impounded how do I get it back and elimate the blacklist agaist me.

3. If I relocate to India how long do you to think it may take to complete the court case ? ,  in future if I fill any of the visa papers does it mean that I have a criminal case against me or is it applicable only for convicts .

4. Since we ( both me and my sister ) haven't forged any certificates but have ST has the caste in our school records since from 1st standard and as the children we were not aware of any such issues  - So are we ( me and my sister ) really in accused list ? , if my sister gets married does she continue to attend courts ?  is there any way to remove mine and my sister's name from the case and continue with my mother and agree the collective judgements ( As you know children doesn't have any options during their childhood ).

5. If I travel back can I use Indian as caste for my kid , as I fed-up with our caste matter and do not want to carry this painful legacy to my kid.

6.  Last but not least what are the options that we have to come clean in this case and to get the fare judgements 

Thanks in advance.

Things are not as simple in you favour as perceived by you.

You have not disclosed the nature of court case.  From your descripttion it uppers to be a criminal case. That being the case there would have been some deliberatation before the revenue authorities as well.

You say that

“We haven't forged any documents as the fake caste certificate in our school records”

“we have been using the ST as caste certificate until now  ( which is challenged now and worried for our future “

 My dear caste certificate is not issued by the school, it is issued by revenue authorities. It is issued  on the basis of your application wherein you may have claimed to be ST without being so.  So you have not made any fake certificate but have caused public authorities to issue a certificate which you were not entitled

You have used the said certificate.  Since you did not join Govt service you used for what for getting admission to university.  If you obtained any degree in ST quota even that can be cancelled.

You said

“Now my worries are since I have lots of liabilities in USA”

 My dear you have to decide your priorities.

You said

“if I leave to India are there chances of me getting arrested ? ,

 Full Chances of being arrested. You have been avoiding the court.

You said

are there any chances of me getting arrested while in USA itself and then deported to India ?

 Yes there is a procedure for that also. You have yourself described that judge has passed directions.  Extradition can be possible only if the offence alleged is also an offence in USA. 

You said

Can I travel back after attending the court and”

 My dear chances of your bail are getting slimmer by your continued absence.

You said

is there a way of fast track judgment also the offence accused on me is valid ?”

 You have gone from India.  You know the court procedure in India. Fast judgment can come only out of confession. Judge has a discretion to give less sentence and even release on Probation of  Offenders Act to you and your sister.

You said

if my sister gets married does she continue to attend courts ?

 Yes. Her bail can be cancelled if one date is missed.

You said

If I travel back can I use Indian as caste for my kid

 There is no caste as Indian.  You can live as a general candidate.

You said

we have to come clean in this case and to get the fare judgments 

 My dear you have to understand the reality that you are guilty.

You said

If I relocate to India how long do you to think it may take to complete the court case ? , 

 You have gone from India?

You said

 in future if I fill any of the visa papers does it mean that I have a criminal case against me or is it applicable only for convicts .

 Criminal case is there against you.

You said

quashing case in high court stating that only my mother is accused and we kids needn't attend courts ?

 Dear Sir you were kids when parents registered you as ST in School. You were probably were not the kinds if you have applied for ST certificate from tehsildar.  You are not disclosing whether such application is a part of the evidence or only school records there. You have not indicated what concession you and your sister have availed as ST students, so far and whether such facts are part of allegations.

You said

if so what is the punishment and what are the options that our family has ?

 You have not stated the sections of IPC alleged upon you.

Hello Sudhir Sir ,

Thank you very much for your valuable feedback , I am thankful for your time and effort ,  Sir I am describing all the events so far in a chronological order ( Please excuse me for post length ) ,  I request you to kindly go through my response and advise me sir , as now we have been shown with some fruits by our lawyer saying atleast kid's can be ommited immedatly as they were minors and were not awares of any issues unitll it became a issue .

1. to tell you the long story short , this case is linking with 3 generations here , my mother ( who currently claiming ST and accused ) is daughter to My late grand father ( who belonged to ST ) and my grand mother who belong to OBC  ( Please be advised that my grand mother is 2nd wife to my grand father through a relationship  ) , hence my mother who studied till 12th Std has ST as her caste , but my grand mother who is OBC continued to follow OBC caste procedures in regional and community event she also involved her daughter ( my mother ) in her community for long time , this made some one to think about mother's caste as OBC which is not true .

2. We have been using mom's caste in our school records and yes me and my sister completed engineering graduation and MBA graduation as ST students in university , we also availed fee concession .

3. My mother is working as a pre school teacher in NGO's teacher in our village in A.P

4. This case was originally filed in 2007-06 and verification comity has done the verification based on my grand mother's caste and her relatives history and submitted the report which we stayed earlier and asked for the review .

5. As life continued I married to a inter caste girl and started working for private company and now in USA  , my sister who is working in India for a private organization  , both me and my sister have been included as secondary accused in the case recently , our stay was revised and now matter was transferred to district session court .

6. Since I live in USA and so far couldn't able to attend the hearings , I will defiantly make in to next hearing .

7. Sir , since it is a three generation issue how does it impact us and what is the solution for me and my sister , I agree now we are not kids but for our future we want to come out of this .

8. Also how long it takes to get summons in USA if it gets initiated in court , as I need to cleanup my liabilities in USA to move back to India in worst case. ( if they dont allow me travel back ).

8a . Are there any chances of me getting bail which allows us to travel back to USA and attend the hearings as and when required ( as court cases are slow in running ) .

9. Our lawyer is keen to go ahead with Quashing at high court and continue hearing without me but I dont wanted to miss guided here , is he doing right ?  if hearing continues he is claiming that same judgement applies to me

I have asked my lawyer to share the FIR, So far judgement copy and vakalatnama , if I get it soon I will post it here as I do not have info related IPC sections etc .

1. to tell you the long story short , this case is linking with 3 generations here , my mother ( who currently claiming ST and accused ) is daughter to My late grand father ( who belonged to ST ) and my grand mother who belong to OBC  ( Please be advised that my grand mother is 2nd wife to my grand father through a relationship  ) , hence my mother who studied till 12th Std has ST as her caste , but my grand mother who is OBC continued to follow OBC caste procedures in regional and community event she also involved her daughter ( my mother ) in her community for long time , this made some one to think about mother's caste as OBC which is not true .

Ans : You tried best to confuse.  Your mother is daughter of ST father and she is entitled to the benefit. The number of her mothers and their cast status is not relevan.

2. We have been using mom's caste in our school records and yes me and my sister completed engineering graduation and MBA graduation as ST students in university , we also availed fee concession .

Ans : So you availed ST benefit while not being children of ST father.

3. My mother is working as a pre school teacher in NGO's teacher in our village in A.P

Ans : Irrelevant

4. This case was originally filed in 2007-06 and verification comity has done the verification based on my grand mother's caste and her relatives history and submitted the report which we stayed earlier and asked for the review .

Ans : You have nto specified when you got the cast certidficate  and if /when it was cancelled.

5. As life continued I married to a inter caste girl and started working for private company and now in USA  , my sister who is working in India for a private organization  , both me and my sister have been included as secondary accused in the case recently , our stay was revised and now matter was transferred to district session court .

Ans :

6. Since I live in USA and so far couldn't able to attend the hearings , I will defiantly make in to next hearing .

Ans : You may do so.  But not be sure to return easily.

7. Sir , since it is a three generation issue how does it impact us and what is the solution for me and my sister , I agree now we are not kids but for our future we want to come out of this .

Ans : No it is not three generaltion issue. Your mother is ST so was his father.  You ar ento ST.  It is only one generation affair.  Please do nto confuse yourself.

8. Also how long it takes to get summons in USA if it gets initiated in court , as I need to cleanup my liabilities in USA to move back to India in worst case. ( if they dont allow me travel back ).

Ans : Can’t say. You may evne get summon by post.

8a . Are there any chances of me getting bail which allows us to travel back to USA and attend the hearings as and when required ( as court cases are slow in running ) .

Ans : You have slim chances of bail.  Can you afford to tranvel to India frequently about 4-5 time an year

9. Our lawyer is keen to go ahead with Quashing at high court and continue hearing without me but I dont wanted to miss guided here , is he doing right ?  if hearing continues he is claiming that same judgement applies to me

Ans : You may go ahead and try

I have asked my lawyer to share the FIR, So far judgement copy and vakalatnama , if I get it soon I will post it here as I do not have info related IPC sections etc .

Ans : you only need to telephonically ask him the sections imputed.

can any one pls tell me how the caste verification done in government jobs in india after getting job... whether they went to school, college and enquire or they went to tehsildar office and enquire.

ple let me know.....

i will be really very thankful if u reply for this....

pls help me. thank u in advance

Dear  Shyamjii,

Yours is not a legal query.  It is procedural.

If you certificate is genuine then you should not be worried how it is verified. Members of this forum are not to asist you how to hide fraud if your certificate is not true.

what happend to your case ? everything is settled now ?

can we argue like you are a minor while taking caste certificates and you didn't know anything about it ?

i hope u r out of this case....

Hi All , 

Thanks for your kind advice and support , case has been acquitted based on trial and evidences 

May god bless all  -  VC

All is well that ends well. 

At times one feels happy to be proved wrong.