Dr. Miss. Priyadarshini D/O Bheemanna ... vs The State Of Karnataka on 26 July, 2013

[Cites 8, Cited by 1]

Karnataka High Court

Dr. Miss. Priyadarshini D/O Bheemanna ... vs The State Of Karnataka on 26 July, 2013

Bench: N. Ananda

                            1




             IN THE HIGH COURT OF KARNATAKA
               CIRCUIT BENCH AT DHARWAD
           DATED THIS THE 26TH DAY OF JULY 2013
                         BEFORE
           THE HON'BLE MR. JUSTICE N. ANANDA
             CRIMINAL PETITION No.10746/2013

BETWEEN:

1.    DR. MISS. PRIYADARSHINI,
      D/O BHEEMANNA AMBIGER.
      AGED 27 YERS, OCC: PVT. PRACTICE

2.    SMT. SARVAMANGALA,
      D/O NAMDEV KOUJAGERI
      AGED ABOUT 47 YEARS,
      OCC: ADVOCATE,
      BOTH R/O 2ND MAIN ROAD,
      VIDYAGIRI, DHARWAD.            ...   PETITIONERS

(By Sri.RAMACHANDRA A. MALI, ADV.)

AND

1.    THE STATE OF KARNATAKA,
      REP. BY VIDYAGIRI POLICE DHARWAD,
      DIST: DHARWAD, NOW REP. BY SPP.

2.   THE DY.SPDT. OF POLICE,
     DIRECTORATE OF CIVIL RIGHTS
     ENFORCEMENT, BELGAUM.                 ... RESPONDENTS
(By Sri K.S. PATIL, HCGP)

      THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR DATED
19.04.2013 REGISTERED IN CRIME NO.129/2013 AGAINST
PETITIONERS FOR OFFENCES PUNISHABLE UNDER SECTIONS
196, 198, 464, 468, 471 AND 420 OF IPC AND SEC. 3(1)(IX) OF
SC/ST (PROHIBITION OF ATROCITIES) ACT, 1989 AND ETC.
                                   2




     THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed to quash the first information report in Crime No.129/2013 registered for offences punishable under Sections 196, 198, 464, 468, 471, 420 IPC and also for offences punishable under Sections 3 (1) (ix) of the SC/ST (Prevention of Atrocities) Act, 1989.

2. The learned counsel for petitioners has relied on the Government Order No.SWD 713 SAD 93, BANGALORE dated 11.03.2002, wherein it is stated that, in terms of aforestated Government Order reservation in admission to educational institutions and educational concessions extended to Pariwara, Talware, Maalcru, Kuuba communities in G.O's read at (1) and (2) above and Besta and Koli communities accordingly cease. They shall not be liable for penal action if they had surrendered their certificates.

3. The learned counsel for petitioners submits that first petitioner has not surrendered her caste certificate. Therefore, petitioners are at liberty to surrender the caste certificate of 3 petitioner before the competent authorities and produce acknowledgement before the Investigation Officer. In such an event, the investigation officer shall not proceed with further investigation.

4. The petition is disposed of with these observations.

SD/-

JUDGE Np/-

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