Supreme Court - Daily Orders
State Of Karnataka vs Priyadarshini &Amp Anr. on 10 November, 2014
Bench: M.Y. Eqbal, Shiva Kirti Singh
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2381 OF 2014
(ARISING OUT OF SLP(CRL.) NO.1611 OF 2014)
STATE OF KARNATAKA & ANR. .....APPELLANTS
VERSUS
PRIYADARSHINI & ANR. ....RESPONDENTS
O R D E R
Leave granted.
We have heard Ms. Anitha Shenoy, learned counsel appearing for the appellants and Ms. Kiran Suri, learned Senior Counsel appearing for the respondents and perused the impugned order dated 26.07.2013 passed by the High Court of Karnataka in Criminal Petition No.10746/2013. The High Court, while disposing of the said criminal petition, granted liberty to the respondents to surrender the caste certificate before the competent authority and produce acknowledgment before the Investigating Officer. It was further directed by the High Court that, in such eventuality, the investigating officer shall not proceed with the further investigation in Crime No.129/2013 Signature Not Verified Digitally signed by Sanjay Kumar registered for offences punishable under section 196, Date: 2014.11.12 14:31:22 IST Reason: 198, 464, 468, 471, 420 of the Indian Penal Code and also for offences punishable under section 3(1)(ix) of the 2 SC/ST (Prevention of Atrocities) Act, 1989. For better appreciation, the order impugned is being quoted hereinbelow :
“ORDER This petition is filed to quash the first information report in Crime No.129/2013 registered for offences punishable under section 196, 198, 464, 468, 471, 420 of the Indian Penal Code and also for offences punishable under section 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, Maaleru, 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 the 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 petitioner before the competent authorities and produce acknowledgment 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.” Prima facie, we are of the view that the aforesaid impugned order is very cryptic in nature, inasmuch as, while quashing the criminal prosecution, the High Court has not considered the law settled by this Court on this point or even the provisions of the concerned Government Order No.SWD 713 SAD 93, Bangalore dated 11.03.2002. Be that as it may, in our opinion, the impugned order cannot 3 be sustained in law. The matter needs to be examined by the High Court afresh in the light of the law laid down by this Court with regard to the jurisdiction under section 482 of the Code of Criminal Procedure while quashing the criminal prosecution.
For the reasons aforesaid, this appeal is allowed, the impugned order dated 26.07.2013 is set aside and the matter is remitted to the High Court for passing a fresh order in accordance with law.
.......................J [M. Y. EQBAL] .......................J [SHIVA KIRTI SINGH] NEW DELHI;
NOVEMBER 10, 2014.
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ITEM NO.201 COURT NO.10 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).1611/2014
(Arising out of impugned final judgment and order dated 26/07/2013 in CRLP No.10746/2013 passed by the High Court Of Karnataka Circuit Bench At Dharwad) STATE OF KARNATAKA & ANR. Petitioner(s) VERSUS PRIYADARSHINI & ANR. Respondent(s) (With office report) (For final disposal) Date : 10/11/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Ms. Anitha Shenoy,Adv.
Mr. Ritwik Parikh, Adv.
For Respondent(s) Ms. Kiran Suri, Sr. Adv.
Mr. Amit S.J., Adv.
Mr. Anantha Narayana M.G., Adv. Mr. Ankolekar Gurudatta,Adv. Ms. Ritika Gambhi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(SANJAY KUMAR) (INDU POKHRIYAL)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)