aided institution, or secures admission in any educational institution against a seat reserved for such Castes, Tribes or Classes, or is elected to any of the elective offices of any local authority or Co-operative Society against the office, reserved for such Castes, Tribes or Classes by producing a false Caste Certificate, shall on conviction be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both. Sub-section 2 refers that no Court shall take cognizance of an offence punishable under this section except upon a complaint, in writing, made by the Scrutiny Committee or by any other officer duly authorised by the Scrutiny Committee for this purpose. Thus, the provision under section 11(2) is in respect of taking cognizance of the offence punishable under section 11 of the Act of 2000. In the instant matter, applicant has not been charged for committing offence under section 11 of the Act of 2000. However, it is alleged that applicant has fabricated certificate and has produced same for securing employment. The certificate presented by applicant itself is alleged to be forged and fabricated and that the same was not issued by the competent authority. Thus, offence alleged against petitioner is within the framework of sections 468 and 471 of the Indian Penal Code and, for prosecuting applicant under the aforesaid sections, bar under section 11(2) of the Act of 2000 cannot be invoked. Facts giving rise to the controversy in the reported judgment were quite different since said applicant was charged for commission of offence under section 11 of the Act of 2000 in respect of which bar as specified under section 11(2) of the Act of
