A Jammu court has dismissed an application seeking an FIR against BCCI president Mithun Manhas over allegations of date-of-birth fraud. The court ruled that the complaint and supporting documents did not provide sufficient evidence to justify a criminal investigation into the former cricketer's age records.
The order was passed on November 6, by Sandeep Singh Sen, KCS (Judicial), Special Railway Magistrate, Jammu. The court considered a police inquiry that examined Manhas's educational certificates, identity documents and employment records. The inquiry found no evidence of document manipulation.
Sudershan Mehta, a retired senior Deputy Superintendent of Police and former joint honorary secretary of the Jammu and Kashmir Cricket Association (JKCA), filed the application in August. He approached the court under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, alleging fraud, cheating and forgery.
Mehta claimed that Mithun Manhas had used two different dates of birth to secure selection in national sub-junior and junior tournaments under the JKCA and the Delhi and District Cricket Association (DDCA).
The complainant cited an email from Maharaja Hari Singh Agriculture Collegiate (MHAC) School, Nagbani, which reportedly listed Manhas's date of birth as December 9, 1977.
However, the DDCA website showed October 12, 1979. Mehta also claimed that his earlier complaints to the Nowabad police station and the SP City North in Jammu had not led to action.
He sought an FIR under Sections 415, 420 and 462 of the Indian Penal Code, corresponding to Sections 318(4), 321 and 323 of the BNS, 2023. Following the complaint, the court directed the Station House Officer (SHO) of Nowabad police station to submit a factual inquiry report.
The police examined Manhas's CBSE educational records, PAN card, Aadhaar card and employment details from Oil and Natural Gas Corporation (ONGC).
The inquiry found that all these records listed his date of birth as September 12, 1977. It also reported that Mithun Manhas had not received any undue advantage or concession in junior-level cricket because of the alleged discrepancy.
Court Says DDCA Website Discrepancy Does Not Establish Forgery
After examining the complaint and police report, the court noted that Mehta had relied mainly on a photocopy of information downloaded from the DDCA website. He had not submitted an original or authenticated document from the association showing that Mithun Manhas had provided a fabricated birth certificate.
"It is important to mention that mere discrepancy in two entries, without anything more, cannot ipso facto lead to an inference of forgery or fabrication," the court observed.
The magistrate explained that a forgery case requires evidence showing that someone created a false document with dishonest or fraudulent intent. The court said the DDCA website entry required verification by the association and could not independently establish age manipulation.
It also noted that the CBSE certificate and mark sheet, supported by the ONGC, PAN and Aadhaar records, consistently showed September 12, 1977.
Jammu Court Dismisses FIR Plea Against BCCI President Mithun Manhas
The magistrate further observed that the power to order an investigation under Section 175(3) of the BNSS was judicial in nature and could not be exercised mechanically. The provision was not meant to settle personal grievances based on unverified assumptions or information downloaded from a website.
The court also found that Mehta had failed to establish that Mithun Manhas knowingly made a false representation or forged a document to secure an unlawful advantage in cricket. The complainant had also not demonstrated what specific legal right had been affected or what injury he had suffered.
Holding that the complaint did not establish any prima facie case of a cognizable offence, the court dismissed the application as devoid of sufficient merit.
However, the magistrate clarified that Mehta could still approach the DDCA with the relevant information. The court said the association was the appropriate authority to verify its own records and take action in accordance with the law, if warranted.
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