Karnataka High Court
Smt.Shashikala D/O Annasaheb Ghasti vs The State Of Karnataka on 14 October, 2009
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
C 'Vigor
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER, 2oQ9**--- f ;_. it
BEFORE
HON' BLE MR. JUSTICE A.N.vENUe;oPAL5i Go*J{DA" 'V T
CRLP. No. 7995 of 2'oQ9;~--
BETWEEN: C R'
Smt. Shashikaia, V
D / o Annasaheb Ghasti,
W/o S.K.I-Ialeppanavar, - V V
Age: 45 years, Asst..'.Teacher;* --
(Now under dismissafi 3;
Govt. High Schojoi, Bielawaid, 2
Tq:Athani, Dist: i3e.1g'efi;{m.. ,
(By Sri.Raniaeiheindtei?-Niali; Adv. 3 E ' Petitioner
AND:
1. The State of Kariiataka,
---rept. Athani Po1i"c-3'. .....
E Dist; Belgéiiimh,
"Now rep. B_y'~SPPl"
Tiie'--iéo-t.i¢é.'irié'pe¢t§r,
CID, Civil Rights Enforcement Cell,
Biiapur. 0.
(B3ur.TS:'i_.P.H;iGotkhindi,HCGP.} Respondent
Cr1.P filed U/S482 Cr.P.C praying that this Horfble .__.rVjCoi11*t.may be pieased to can for the records in SpI.Case No. 'i'~.. '1'42'/2009 on the file of II} Add}. District and Sessions Judge, Bellgaum and quash the complaint and FIR dt. 10.11.1987 registered in Athami Police Station in P.S.Crime No. 268/ 1987 as well as the charge sheet and the entire proceedings in Spl. Case No. 142/2009 on the file of III Addl. District and Sessions Judge, Belgaum registered for the offences punishable u/Secs. 196V,-1,98, 199,420 IPC and Sec. 3(1}(ix) of SC/ST Prohibition of Atrociéties Act, 1989 as same being totally arbitrary, illegal _.ai:dl"not"« V. sustainable in law and to grant such other and further._rel'i'efs*-- are just even including the appropriate costs and compe~.ns'ation to» _g the petitioner. ' rims CrLP Esconnng on fiH'adnns§on fies daygthepcdurff made the following:
o§nERgW° With the consent of both cou-nlsel; disposal.
2. The 'I'ahsild2_ar,lf;g29ithar:.i, _:c'as'te--~certificate to the Petitioner on 22.0C1.19_SQ, Petitioner was shown as belonging to :7fI'o1<';1'e "Tribe. One more caste certificate was issuedl on! The Petitioner joined service as Assistant Teacher' a Govt. Primary School, under the Scheduled quota, pursuant to the appointment order :_._dt. 2'il%:*Y"§i"Respondent registered a complaint against _Petitio'ner-__" before Athani Police in Athani PS Crime llfkiéég/19S7,ibrthe ofiencespnnnshabb u/Sec 177,181,196, I.P.C. alleging that by obtaining of false ST caste Vi certificate, he has secured a Government job. :91 Govt. of Karnataka has issued a Govt. Order dt. 11.03.2002 stating that the appointments aiready made in respect of persons belonging to Pariwara and other communities named therein,',sha11 be treated as appointments under GM category and empioyees shalt not be subjected to any departme_ntai'~--inquir$( ori criminal proceedings or suspension and: anyi's--u"ch '1p'ro_cee-dings 7 pending before any Court or Authority shai11«.be..dropp.ejdi " Despite ii the said Govt. Order, the Add}. Directoriipflenerai pf Bangalore, submitted a repohpto CasteiiiVeirification Committee, Belgaum, to invalidate"/i certificate issued to the Petitio§ne'ri,:Vpp:p:'In ., same, the caste verification commi'tteie."*--passed ":a'j1j:.iorderi'iv--dec1aring the ST caste certificate issued ias_""'iniva1id vide its order dt.30.09.2004ii'".p the Tahsildar, Athani, cancelled the STiiic'a,ste issued to the Petitioner, by an order fidt. 1_8f'07.__f2'007. "
3. ,'I'h'at on' O3;Q8.200i§i,i the Respondents submitted a charge sheetiiiitaeiiiorei Sessions Judge at Belgaum, against the i'v.j:iPetitioner the offences punishable under Sec. 196,198,199,420 "--§iiE&'V.'C__ia»npd Section 3(1)(ix) of sc/sr (Prohibition of Atrocities) Act, same was registered in Sp}. Case No.142/2009. The 3 *1 ts.
/ Sessions Judge after taking cognizance, has issued summons to the Petitioner.
4. Aggrieved by the same, this Petition has been filed to quash the complaint and FIR dt.10.11.1987 registered Police Station in Crime No. 268/ 1987 and the charge' * entire proceedings in Spl. Case No.142/200.9._on l.th,ei.II[_,x 0"' Addl. District 8:; Sessions Judge at Belgaunzi, A
5. Heard the learned counse1l'*folr--i.thel. 'the learned HCGP for the respondent ar;d"'p'e.rused._ the records. The learned counsel for Petitioner contgelnds ilthlat_.th--e_' petitioner belongs to Tokre and that the caste certificate issued' to 1.982 and subsequently on 13.06.1984 are correlct and that she has not committed aI}y"C_I5mi--'.i_ei3. _for.lbein.g....c'harge sheeted and tried before the Court.' VThe.glearnedj"co_unsel for the Petitioner submits that, the :7"u/QQVernrrientllbyV dt. 11.03.2002 has directed to surrender "the Caste certificate issued to such persons whose caste is .ji-nerit.ionedi*-..in the said govt. order and has suspended all the 8' -l'p,roce.edi'.r;1gsA, departmental or otherwise and hence, the prosecution against the Petitioner is illegal and amounts to harassment and is an abuse of due process of law. The learned l counsel referred to series of decisions of this Court rendered in identical matters, wherein criminal proceedings initiated were quashed. The learned counsel also pointed out that, two such orders are as at Annexures--K and L and following the _same,'>the* 3 Petitioner is entitled to relief. 2
6. The learned I-ICGP submitted thatmthe C.ou1'vt«::mayi:pass;it appropriate orders in the matter.
'7. This Court has examined theidenticalissue, more than V . one case. Two such orders are at annexiires K 8:; on the govt. order dt. 11.03.2002, the *'cr_iminal"proceedings nfere"duashed in Criminal Petition..iiivp.s'?5o/29,09' dt:.""'1'3;04.2009 i.e., Annexure--
8.In view the (3rove1'nfnegn't' order dt. 11.03.2002 as at Annexure--B,v and lthe"orde'r at Annexure--K, the criminal proceeding's* initiatedpby thieWRespondent against the Petitioner in Athan'1/ 1987, and also the charge sheet and the lv.,p1'oeeedings,__iin _Spl_.t.Case No.l42/2009 on the file of the E11 Addl. ' 85 Seslsions Judge at Belgaum, shall stand quashed. That ter.ni.s'iQ_f the Government order dt. 11.03.2002, the Petitioner H shallilloe treated as appointed under GM category. ft is made clear E. M») we"
9,.
that W.P.No.6237S/2009 filed by the Petitioner shall have to be decided on its merits, uninfluenced by the quashing of the criminal proceedings. The Respondents are at liberty to take such other action as is permissible under law, if there were to be any'*mat_tei¥s3_ it in terms of which, the Petitioner can be prosecuted, :Vina4ttcr"' which do not fall within the scope the Government order dt.11.03.2002, as a.t_Annez_1ir*e-- B. 0' 0' Petition stands allowed rnkc