Sri.Ramappa vs State Of Karnataka on 14 October, 2009

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Karnataka High Court

Sri.Ramappa vs State Of Karnataka on 14 October, 2009

Bench: A.N.Venugopala Gowda

IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT DHARWAD

DATED THIS THE 14TH DAY OF OCTOBER, 2009 

BEFORE .
HON' BLE MR. JUSTICE A.N.VENUGQRA,L£t   C
CRL.P. No. 7739 of 200:9  ~ it' C C V'
Sri. Ramappa, S / 0 Fakirappa Ankalagi,  C
Aged about 58 years, Sheristedar," t "

Zilla Panchayath, Bijapur,
R/o H.No.814/1B,

Near Sangameshwar Temple,    V
Gyangbawadi, Bijapur, _  '

Dist:B1'japur. 3 
(By Sr1'.Ramachandra 3?;/£at1i',:;"g?LdxE.:3'  ..  C
Petitioner  ~~~~ _    

AND:

1. The State of AKa.rr1ataka,
Rep.  Bilagi. Rolicit-2,.
Dist: =Baga.1ko"t--, '  
Now rep. BYSPI-'.._  2 '

 . V The  ' V ' 
CIl3_.,C1v1l Rights Elrxforgjcment Cell,
Beazftgaulii.  'V "

i(ECy"si:%i';E.:1"L1 ..Gp_tkhi'1'1di,HCGP. )

 . ._ "Respondent

T1Tis_.Cr1.P filed U/8.482 Cr.P.C praying that this Hon'b1e be pleased to call for the records in Spl. Case No. 54/2_OO8 on the file of Special Judge Bagalkot and quash the certiﬁcate and securing a Government job in pursuance thereof. The Tahsildar, Bilagi, inquired into the said allegation and passed an order dt. 15.07.1991 to the effect that the Koli Dhor ST certificate issued to the Petitioner during the year 1975 :_. cancelled. Govt. of Karnataka has issued a 11.03.2002 stating that the appointment alfeadyhiade f of persons belonging to Pariwara andgother therein, shall be treated as appointments"iinciet and that, such employee shall not .any depaitniental inquiry or criminal proceedings any such proceedings pending befo:re:gZ"an3:i_ shall be dropped. The 'Cell, Belgaum, by correspondence District Caste Veriﬁcation Comniii'ttee,l_ that the Petitioner belongs to Ambiger caste and"his"caste icelrtijlicate issued in the year 1975 showing Koli ihis'ea--ste be cancelled. Despite the Govt. Orderlidt.ll..i03.2t20:2, District Caste Veriﬁcation Committee, Elagalkot, i..f:.e'".d.li01.2'007' declared that the ST caste cerlificatep issued to the Petitioner as invalid and directed the 2 Bilagi to cancel the ST caste certificate issued to the C' on 28.05.2008, the Respondents submitted a ,1.lcha1jge"--«shieet before the Spl. Judge at Bagalkot, against the for the offense punishable under Sec. 196,198,420 I.P.C § 9 . 14"' X proceedings, departmental or otherwise and hence the prosecution initiated against the Petitioner is illegal and amounts to harassment as Well as abuse of due process of law. The learned,_ counsel referred to catena of decisions of this Court rer;=:l"e're«d_' .1. identical matters wherein criminal proceedings, in_itiated., "were quashed. The learned counsel also pointed outgigtjhat, orders are as at Annexures-J and K and following thev»'s'ame, the 0 Petitioner is entitled to relief. The that the Court may pass appropriate 'llhisiiCourt has examined the identical issuer" order dt. 11.03.2002, the in Criminal Petition No.8750/2000iieitfi

4. In View 003.2002 as at Annexure--

C and the order at Annext1re--.-Fi'--thie* "criminal proceedings initiated by the'l'l3Zespc.»nden.t: against"th-e--«Petitioner in Bilagi P.S crime No. 48/ 19537., iiwelgl sheet and the proceedings in Spl. Case /20O8Aonithe the Spl. Judge at Bagalkot shall stand qeahee..g That ..in'«:_teirms of the Govt. order (it. 11.03.2002, the treated as appointed under GM category. It is it .ge2e.eegeteart that W.P.No.62194/2009 filed by the Petitioner shall iiihjaveg tiodoheiidecided on its merits uninfiuenced by the quashing of the aforesaid proceedings. The Respondents are at liberty to take 3 /.

J such other action as is permissible under law, if there were to be any other matter in terms of which the Petitioner can be prosecuted, which do not fall within the scope the scope and ambiti of the Govt. order dt.11.03.2002, as at Annexure-- C. Petition stands allowed accordingly.

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