Karnataka High Court
Reena vs The State Of Karnataka And Anr on 8 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:4690
CRL.P No. 200437 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200437 OF 2024 (482)
BETWEEN:
REENA W/O VIJAYAKUMAR
AGED ABOUT 31 YEARS
OCC: HOUSEHOLD AND
MEMBER OF GRAM PANCHAYAT,
JANAWADA, R/O. JANAWADA
TQ: AND DIST: BIDAR-585 401.
...PETITIONER
(BY SRI K. M. GHATE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally
signed by
THROUGH SUB INSPECTOR OF POLICE
SHILPA R MARKET POLICE STATION,
TENIHALLI
Location: TQ: AND DIST: BIDAR
HIGH COURT
OF REPTD. BY ADDL. SPP
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
2. SMT. INDIRABAI PSI
DCRE, KALABURAGI
DIST: KALABURAGI-585 102
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
SRI. C. JAGADISH, SPL. COUNSEL FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO,
PASS AN ORDER IN FAVOUR OF THE PETITIONER, GETTING
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NC: 2024:KHC-K:4690
CRL.P No. 200437 of 2024
QUASHED THE FIR IN CRIME NO.31/2024 REGISTERED BY
RESPONDENT NO.1 MARKET P.S FOR THE OFFENCES
PUNISHABLE U/SEC. 196, 198, 420 U/SEC. 3(1)(q), OF
PREVENTION OF ATROCITIES ACT, 1989 AND U/SEC. 5(A),
5(b), OF KARNATAKA SC/ST AND OTHER BACKWARD CLASSES
(RESERVATION OF APPOINTMENTS ACT) 1990 DATED
17.04.2024 PENDING ON THE FILE OF ADDL DISTRICT AND
SESSIONS COURT BIDAR DIST BIDAR TO MEET THE ENDS OF
JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in Crime No.31/2024 registered by Market Police Station, Bidar for the offences punishable under Sections 196, 198 and 420 of IPC, Section 3(1)(q) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST (POA) Act' for short) and Sections 5(A) and 5(b) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward classes (Reservation of Appointment etc) Act, 1990 (hereinafter referred to as 'the Act of 1990' for short), which is pending -3- NC: 2024:KHC-K:4690 CRL.P No. 200437 of 2024 on the file of Addl. District and Sessions Court, Bidar District, Bidar.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.31/2024 was registered by Market Police Station, Bidar, against the petitioner herein and three others for the aforesaid offences on the basis of the first information dated 17.04.2024 received from Smt. Indirabai, PSI, DCRE, Kalaburagi. Petitioner is arraigned as accused No.1 in the aforesaid FIR. Being aggrieved by the same, petitioner is before this Court.
4. Learned counsel for the petitioner submits that the order canceling Caste Certificate issued to the petitioner by the District Caste Verification Committee has been challenged by the petitioner in W.P.No.201041/2024. Even before the expiry of the appeal period, in a hurried manner, the impugned criminal proceedings has been initiated. He submits that there is no sanction under -4- NC: 2024:KHC-K:4690 CRL.P No. 200437 of 2024 Section 6 of the Act of 1990 and therefore, the impugned criminal proceedings cannot be sustained.
5. Per contra, learned HCGP for respondent No.1 and learned Special Counsel for respondent No.2, who have opposed the petition, however, are not in a position to dispute that sanction under Section 6 of the Act of 1990 from the competent authority has not been obtained in the present case. Learned counsel for respondent No.2 submits that criminal proceedings has been initiated after receiving permission from the Additional Directorate of Civil Rights Enforcement.
6. Section 6 of the Act of 1990 reads as follows:-
"6. Cognizance of offences.- No prosecution for an offence under this Act shall be instituted except by, or with the sanction of the State Government."
7. From a reading of the aforesaid provision of law, it is very clear that for the purpose of initiating any prosecution -5- NC: 2024:KHC-K:4690 CRL.P No. 200437 of 2024 for the offences punishable under the Act of 1990, sanction from the State Government is necessary. In the present case, FIR has been registered for the offence punishable under IPC, under SC/ST (POA) Act and also under the provisions of the Act of 1990. Therefore, compliance of Section 6 of the Act of 1990 becomes mandatory. In the present case, prosecution has been initiated for the offences punishable under the Act of 1990 without proper sanction of the State Government and therefore, the impugned proceedings cannot be sustained. In addition to the same, the material on record would also go to show that the order dated 27.03.2024 passed by the District Caste Verification Committee has been challenged by the petitioner before this Court in W.P.No.201041/2024 which is pending before this Court and even before the expiry of the appeal period, criminal proceedings has been initiated against the petitioner. Under the circumstances, I am of the opinion that the prayer made by the petitioner -6- NC: 2024:KHC-K:4690 CRL.P No. 200437 of 2024 in the petition needs to be granted. Accordingly, the following order:-
8. The Criminal Petition is allowed. The entire proceedings in Crime No.31/2024 registered by Market Police Station, Bidar for the offences punishable under Sections 196, 198 and 420 of IPC, Section 3(1)(q) of the SC/ST (POA) Act and Sections 5(A) and 5(b) of the Act of 1990, pending on the file of Addl. District and Sessions Court, Bidar District, Bidar, as against the petitioner, is quashed.
9. However, it is made clear that this order will not come in the way of respondents initiating fresh proceedings against the petitioner in accordance with law, after complying the requirement of Section 6 of the Act of 1990.
Sd/-
JUDGE DN/List No.: 1 Sl No.: 41