Karnataka High Court
Sri H S Krishnamurthy vs State By on 5 July, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF JULY 2013
BEFORE
THE HON'BLE MR JUSTICE K. N. KESHAVANARAYANA
CRIMINAL PETITION No.61/2013
BETWEEN:
Sri.H.S.Krishnamurthy,
S/o. H.K.Subbarao,
Aged 51 years,
Residing Near Varadahalli Circle,
Joga Road, Sagar,
Shimoga District-577 201. ... Petitioner
(By Sri.S.N.Bhat, Advocate)
AND:
1. State by Hosanagara Police,
Shimoga District-577 201.
2. The Police Inspector,
Directorate of Civil Rights Enforcement,
Davanagere-577 002.
.. Respondents
(By Sri.K.Dilip Kumar, Government Pleader)
This Criminal Petition is filed under Section 482 of the
Cr.P.C praying to quash the entire proceedings in Special (A)
C.R.No.26/2012 on the file of the Special Judge at Shimoga
by allowing this petition.
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This Criminal Petition coming for admission on this day,
the Court made the following:
ORDER
Though this petition is listed for admission today, with the consent of the learned counsel appearing on both sides, the matter is heard on merits.
2) In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the prosecution launched against him in Special Case No.26/2012 on the file of the Special Judge, Shimoga, registered for the offences punishable under Sections 198, 420 of I.P.C. and Sections 3(1)(ix) of SC & ST (Preventions of Atrocities) Act, 1989 ( for short, 'the Special Act').
3) The petitioner joined the services as Junior Assistant in KSRTC in the year 1987. Before that, he had obtained a caste certificate from the Tahsildar at Shimoga in the year 1986 to the effect that he belongs to Kotegar Community.
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4) On 11.03.2002, the Government issued a circular and gave protection to the employees who had obtained caste certificate on the basis of synonymous name Parivara, Talavara, Maaleru, Kububa communities subject to the persons surrendering the caste certificates already obtained.. Thereafter, the Deputy Commissioner, Shimoga by order dated 09.10.2003 cancelled the Caste Certificate given to the petitioner and ordered that the selection of the petitioner be treated as General Merit Candidate. In the meanwhile, on the basis of report made by the Tahsildar, Shimoga, the Respondent-police had registered a case in Crime No.120/1989 and after completing investigation, charge sheet came to be filed. It is contended by the petitioners that this court in similar cases, in the light of the subsequent Government Orders, has quashed the prosecution launched, therefore, the petitioner is also entitled for the similar relief.
5) I have heard the learned counsel for the petitioner and the learned Government Pleader. 4
6) In the Government Order dated 23.01.1986, the State Government, in the light of the dispute as to whether among other communities, the community of Kotegar would also fall under the categories of Scheduled Tribe/Schedule Caste and keeping in mind that the several instances of persons obtaining such certificates and on that basis getting admission to the Educational Institutions and also getting other concessions, directed that till the issue is resolved, there shall be no prosecution against any such persons who have obtained the caste certificates. Under the very same notification, the Government appointed a committee for going into this issue and to submit a report so that the Government could make proper recommendations to the Central Government in that behalf. Subsequently, certain clarifications have been issued by the State Government. It is necessary to make reference to the Government order dated 11.03.2002 wherein the Government itself decided to drop the Criminal prosecutions against the persons on the allegation that they have obtained false caste certificate either falling 5 under Scheduled Tribe or Scheduled Caste, of course, subject to certain conditions that they should surrender the caste certificate and also their appointment should be treated as appointment under General Merit Category. A cut-of date was also fixed for that purpose. This Court in several cases had an occasion to consider the effect of the Government Order dated 23.01.1986. One such decision referred to before me is the order dated 14.08.2008 passed in Criminal Petition No.3284/2008 and connected matters. In this order, reference has been made to the judgment of the Apex Court in Writ Petition No.11894/1985, (M. Narayanappa Vs. Government of Karnataka and another) wherein the Apex Court has observed thus:-
"The view expressed in the Government Order obviously is that the matter has to be examined and appropriate recommendations have to be made to the Central Government and until the investigation is made and appropriate action as envisaged in Paragraph-4 of the Government Order is taken, we see no justification for continuing the criminal 6 proceedings or departmental action. We direct the State of Karnataka to withdraw all such proceedings - criminal or departmental- and expedite the process contemplated in their own order. Only when a positive conclusion is reached, depending upon exigencies of the situation Government may take such action as they consider appropriate. In that view of the matter without affecting the two appeals which are pending before this Court, we direct that action as indicated above be taken by the Karnataka Government within four months hence. There shall be no order as to costs."
7) This Court has also noticed that the committee appointed under the notification dated 23.01.1986 appears to have not submitted any report and no action has been taken in this behalf by the Government. The Additional S.P.P. submitted before this Court that his enquiry with the Government revealed that no such report has been submitted by the Committee till now. It is unfortunate that in spite of the Apex Court noticing this fact way back in 7 1989 in its judgment referred to supra, that the Government should expedite the process contemplated in its own order dated 23.01.1986, even after 23 years of such observation by the Apex Court, the Government has not moved an inch further. Under these circumstances, the Government having regard to its own Order and the various decisions of the Apex Court and also this Court, the prosecution launched against the petitioner without finally deciding the issue as to whether the aforesaid caste would fall within any of the categories mentioned in the presidential notification or not, is improper and illegal. The contention of the learned S.P.P. that the benefit of the Government Order issued in the year 2002 can be extended to the petitioner only if he surrender the caste certificate, also cannot be appreciated. According to the petitioner he has surrendered the caste certificate. However, the said question is not required to be decided in this petition as in this petition what is required to be considered is, whether the criminal prosecution launched against the petitioner on the allegation that he obtained false caste certificate and on 8 that basis he secured employment is justified or not ?. In the light of the various Government Orders and the decisions of this Court, the prosecution launched against the petitioner cannot be sustained. In this view of the matter, the Criminal Petition is allowed. The prosecution launched against the petitioner in Special C.C.No.26/2012, on the file of the Sessions/ Special Judge at Shimoga, for the offences punishable under Sections- 198, 420 of IPC and under Section 3(1)(ix) of the Special Act is hereby quashed. It is made clear that it is open to the State to initiate fresh action, if need be, in future after completion of the process as contemplated in the Government Order dated 23.01.1986.
Sd/-
JUDGE KGR*