Karnataka High Court
Smt Mangala S M vs State Of Karnataka on 5 March, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 23834 OF 2022 (GM-RES)
C/W
WRIT PETITION NO. 22083 OF 2022 (GM-RES)
WRIT PETITION NO. 22244 OF 2022 (GM-RES)
WRIT PETITION NO. 22381 OF 2022 (GM-RES)
WRIT PETITION NO. 24202 OF 2022 (GM-RES)
WRIT PETITION NO. 861 OF 2023 (GM-RES)
WRIT PETITION NO. 1011 OF 2023 (GM-RES)
WRIT PETITION NO. 1020 OF 2023 (GM-RES)
IN WRIT PETITION NO. 23834 OF 2022:
BETWEEN:
SRI G CHANDRAPPA
S/O LATE GANGADHARAPPA
AGED ABOUT 64 YEARS
R/AT NEAR GENERAL KARYAPPA SCHOOL
AYYAPPASWAMY EXTENSION
HOSADURGA TOWN
CHITRADURGA DISTRICT 577 522.
Digitally signed by
R HEMALATHA ...PETITIONER
Location: HIGH (BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO
HOSADURGA POLICE STATION
HOSADURGA TALUK
CHITRADURGA DISTRICT-577 527.
2. ADDL. DIRECTOR GENERAL OF POLICE
DIRECOTRATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, FIRST FLOOR, D.T.E BUILDING
PALACE ROAD, BENGALURU 560 001.
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
3. SUB INSPECTOR OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO. 557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE 577 004.
4. SUPERINTEDENT OF POLCIE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO. 557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWMAY EXNTENSION
DVANAGERE - 577 004.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE
PROCEEDINGS AND THE FIR IN CRIME NO 225/2022 PENDING
BEFORE THE HONBLE 2ND ADDITIONAL DISTRICT AND SESSIONS
JUDGE, CHITRADURGA ALLEGING OFFENCES PUNISHABLE U/S
109, 196, 198 AND 420 OF THE IPC AND SECTION 3(1)(Q) OF SC/ST
PREVENTION OF ATROCITIES ACT AND U/S 5(B) OF THE
KARNATAKA SCHEDULED CASTS,SCHEDULED TRIBES AND
OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS
ETC) ACT, 1990 MARKED AS ANNEXURE-B DATED 24.05.2022 TO
THE WRIT PETITION AND ETC.
IN WRIT PETITION NO. 22083 OF 2022:
BETWEEN:
SRI MARUTI M P
S/O SRI. PANCHAKSHARAPPA
AGED ABOUT 45 YEARS
WORKING AS ADC GADAG
OFFICE OF THE DEPUTY COMMISSIONER
HUBLI HOSPET ROAD
GADAG 582 103.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD., ADVOCATE)
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO,
HOSADURGA POLICE STTION
HOSADURGA TALUK
CHITRADURGA DISTRICT 577 527.
2. SUPERINTENDENT OF POLICE
DIRECTOATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, FIRST FLOOR,D.T.E BUILDING
PALACE ROAD, BENGALURU 560 001.
3. SUB INSPECTOR OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO. 557/5-5, SRI. VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE 577 004.
4. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE 577 004.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
ENTIRE PROCEEDING AND THE FIR IN CRIME NO.225/2022
PENDING BEFORE THE HONBLE 2ND ADDITIONAL DISTRICT AND
SESSION JUDGE, CHITRADURGA ALLEGING OFFENCES
PUNISHABLE UNDER SECTION 109,196,198 AND 420 OF THE IPC
AND SECTION 3(1)(q) OF SC/ST PREVENTION OF ATROCITIES ACT
AND UNDER SECTION 5(b) OF THE KARNATAKA SCHEDULED
CASTS,SCHEDULED TRIBES AND OTHER BACKWARD CLASSES
(RESERVATION OF APPOINTMENTS ETC)ACT 1990 MARKED AS
ANNEXURE-B TO THE WRIT PETITION IN SO FAR AS PETITIONER
IS CONCERNED.
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
IN WRIT PETITION NO. 22244 OF 2022:
BETWEEN:
SRI B PRASANNA
S/O BHEEMAPPA
AGED ABOUT 47 YEARS
WORKING AS REVENUE INSPECTOR
REVENUE DEPARTMENT
GOVERNMENT OF KARNATAKA
R/O BELAGURU, HOSADRUGA TALUK
CHITRADURGA DISTRICT-577 597.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO
HOSADURGA POLICE STATION
HOSADURGA TALUK
CHITRADURGA DISTRICT-577 597.
2. ADDITIONAL DIRECTOR GENERAL OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, IST FLOOR, D T E BUILDING
PALACE ROAD, BENGALURU-560 001.
3. SUB INSPECTOR OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE-577 004.
4. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE-577 004.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
-5-
NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
ENTIRE PROCEEDINGS AND THE FIR CRIME NO.225/2022
PENDING BEFORE THE HONBLE 2ND ADDITIONAL DISTRICT AND
SESSIONS JUDGE , CHITRADURGA ALLEGING OFFENCES
PUNISHABLE UNDER SECTIONS OF 109,196,198, AND 420 OF THE
IPC AND SECTION 3(1)(Q) OF SC/ST PREVENTION OF ATROCITIES
ACT AND UNDER SECTION 5(B) OF THE KARNATAKA SCHEDULED
CASTS, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (
RESERVATION OF APPOINTMENTS ETC) ACT,1990 MARKED AS
ANNEXURE- B IN SO FAR AS PETITIONER CONCERNED TO THE
WRIT PETITION.
IN WRIT PETITION NO. 22381 OF 2022:
BETWEEN:
SRI S R RAJESH
S/O LATE S L REVANA SATHYA
AGED ABOUT 44 YEARS
WORKING AS VILLAGE ACCOUNTANT
VIRADIMMANAHALLI, CHALLAKERE TALUK
REVENUE DEPARTMENT
GOVERNMENT OF KARNATAKA
R/O PWD QUARTERS, CHITRADURGA ROAD
CHALLAKERE, CHITRADURGA DISTRIT-577 522.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO
HOSADURGA POLICE STATION
HOSADURGA TALUK
CHITRADURGA DISTRICT.
2. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, FIRST FLOOR, DTE BUILDING
PALACE ROAD, BENGALURU-560 001.
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
3. SUB INSPECTOR OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.557/5-5, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARSWAMY EXTENSION
DAVANAGERE-577 004.
4. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.557/5-4, SRI VEERABHADRESHWARA NILAYA
SHIVAKUMARASWAMY EXTENSION
DAVANAGERE-577 004.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE 1973, PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI AND QUASH THE ENTIRE PROCEEDINGS
AND THE FIR IN CRIME NO.225/2022 PENDING BEFORE THE
HONBLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA ALLEGING OFFENSES PUNISHABLE UNDER
SECTIONS 109,196,198 AND 420 OF THE IPC AND SECTION 3(1) (q)
OF SC/ST PREVENTION OF ATROCITIES ACT AND UNDER
SECTION 5(b) OF THE KARNATAKA SCHEDULED CASTS,
SCHEDULED TRIBES AND OTHER BACKWARD CLASSES
(RESERVATION OF APPOINTMENTS ETC) ACT, 1990 MARKED AS
ANNEXURE -B TO THE WRIT PETITION IN SO FAR AS PETITIONER
CONCERNED AND ETC.
IN WRIT PETITION NO. 24202 OF 2022:
BETWEEN:
SRI T RAJGOPAL
S/O LATE THUKARAM
AGED ABOUT 47 YEARS,
R/AT BEHIND GOVERNMENT HOSPITAL,
VV PURAM HIRIYURU TALUK,
CHITRADURGA DISTRICT-577 598.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO,
HOSADURGA POLICE STATION,
HOSADURGA TALUK,
CHITRADURGA DISTRICT- 577 527.
2. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.1 FIRST FLOOR,
D.T.E BUILDING, PALACE ROAD,
BENGALURU 560 001.
3. SUB INSPECTOR OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT,
NO. 557/5-5, SRI. VEERABHADRESHARA NILAYA,
SHIVAKUMARASWAMY EXTENSION,
DAVANGERE 577 004.
4. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO. 557/5-5, SRI. VEERABHADRASHWARA NILAYA,
SHIVAKUMARASWAMY EXTENSION,
DAVANGERE 577 004.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE 1973, PRAYING TO QUASH THE
ENTIRE PROCEEDINGS AND THE FIR DATED 24.05.2022 IN CRIME
NO.226/2022 DATED PENDING BEFORE THE HONBLE 2ND
ADDITIONAL DISTRICT AND SESSION JUDGE,CHITRADURGA
ALLEGING OFFENCES PUNISHABLE UNDER SECTION 109,196,198
AND 420 OF THE IPC AND SECTION 3(1)(q) OF SC/ST PREVENTION
OF ATROCITIES ACT AND UNDER SECTION 5(b) OF THE
KARNATAKA SCHEDULED CASTS,SCHEDULED TRIBES AND
OTHER BACKWARD CLASSLESS (RESERVATION OF
APPOINTMENT ETC).ACT,1990 MARKED AS ANNEXURE-B TO THE
WRIT PETITION AS FOR AS PETITIONER IS CONCERNEDGRANT
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS
PENDING BEFORE HONBLE 2ND ADDITIONAL DISTRICT AND
SESSION JUDGE,CHITRADURGA IN CRIME NO.226/2022 ALLEGING
OFFENCES PUNISHABLE UNDER SECTION 109,196,198 AND 420
OF THE IPC AND SECTION 3(1)(q) OF SC/ST PREVENTION OF
ATROCITIES ACT AND UNDER SECTION 5(b) OF THE KARNATAKA
SCHEDULED CASTS,SCHEDULED TRIBES AND OTHER BACKWARD
CLASSLESS (RESERVATION OF APPOINTMENT ETC).ACT,1990 AS
FOR AS PETITIONER IS CONCERNED.
IN WRIT PETITION NO. 861 OF 2023:
BETWEEN:
SRI Y SAMPATHKUMAR
S/O LATE MYDASS
AGED ABOUT 57 YEARS
WORKING AS DEPUTY TAHASILDAR
R/O MURHTY GARDEN
BESIDE EDEN SCHOOL
ANDERSONPET, KGF
KOLAR DISTRICT 563 113.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA
RERPESENTED BY SHO
ROBERTSONPET POLICE STATION
K.G.F, KOLAR 563 122.
2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, FIRST FLOOR, D.T.E
BUIDLIGN, PALACE ROAD,
BENGALURU 560 001.
3. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMTN
NO.1, FIRST FLOOR,
D.T.E BUIDLING, PALACE ROAD,
BENGALURU 560 001.
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
4. POLICE INSPECTOR
OFFICE OF THE DEPUTY SUPERINTENDENT OF
POLICE, DRIECTORATE OF CIVIL RIGHTS
ENFORCEMENT, KOLAR UNIT, CHAMUNDESHWARI
TEMPLE ROAD, GULPET, KOLAR 563 101.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE 1973, PRAYING TO QUASH FIR IN
CRIME NO.33/2022 PENDING BEFORE THE HONBLE 2ND
ADDITIONAL DISTRICT AND SESSION JUDGE,KOLAR ALLEGING
OFFENCES PUNISHABLE UNDER SECTIONS 467,468,471,198 AND
420 OF THE IPC,SECTION 3(1)(q) OF SC/ST PREVENTION OF
ATROCITIES ACT AND UNDER SECTION 5A AND 5B OF THE SC/ST
AND OTHER BACKWARD CASTS(RESERVATION OF
APPOINTMENTS ETC)ACT 1990 MARKED AS ANNEXURE-B TO THE
WRIT PETITION IN SO FAR PETITIONER CONCERNED.
IN WRIT PETITION NO. 1011 OF 2023:
BETWEEN:
SMT MANGALA S M
W/O SRI KRISHNARAJA K K
AGED ABOUT 49 YEARS
WORKING AS MANAGING DIRECTOR
KARNATAKA BHOVI DEVELOPMENT CORPORATION
R/O NO 23, PARVATHI NILAYA
1ST STAGE, 2ND MAIN ROAD
MSH LAYOUT ANANDANAGARA
BENGALURU - 560 024.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO
ROBERTSONPET POLICE STATION
K G F KOLAR - 563 122.
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
2. THE ADDITIIONAL DIRECTOR GENERAL OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFOCEMENT
NO 01 FIRST FLOOR, D T E BUILDING
PALACE ROAD, BENGALURU - 560 001.
3. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT NO 01
FIRST FLOOR D T E BUILDING
PALACE ROAD, BANGALORE - 560 001.
4. POLICE INSPECTOR
OFFICE OF THE DEPUTY SUPERINTENDENT OF
POLICE DIRECTORATE OF CIVIL RIGHTS
ENFORCEMENT, KOLAR UNIT
CHAMUNDESHWARI TEMPLE ROAD
GULPET KOLAR - 563 101.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SEPCIAL COUNSEL FO RR2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE 1973, PRAYING TO QUASH FIR IN
CRIME NO.33/2022 DATED 17.3.2022 PENDING BEFORE THE
HONBLE 2ND ADDL. DISTRICT AND SESSIONS JUDGE , KOLAR
ALLEGING OFFENCES PUNISHABLE UNDER SECTIONS 467, 468,
471, 198 AND 420 OF THE IPC, SECTION 3 (1)(Q) OF SC/ST
PREVENTION OF ATROCITIES ACT AND UNDER SECTIONS 5A AND
5B OF THE SC/ST AND OTHER BACKWARD CASTS(RESERVATION
OF APPOINTMENTS ETC) ACT, 1990 MARKED AS ANNEXURE -B TO
THE WP.
IN WRIT PETITION NO. 1020 OF 2023:
BETWEEN:
SRI. L. N. SRINIVAS, S/O LAKSHMINARAYANA
AGED ABOUT 51 YEARS, WORKING AS VILLAGE
ACCOUNTANT, R/O SANJAPPA COLON,
VERUPAKSHI ROAD,
MULBAGAL TOWN, KOLAR DISRICT.
...PETITIONER
(BY SRI. GOPALKRISHNA KURANDWAD, ADVOCATE)
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NC: 2024:KHC:9253
WP No. 23834 of 2022 C/W WP No. 22083 of
2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SHO
ROBERTSONPET POLICE STATION
KGF, KOLAR-563 122.
2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
NO.1, FIRST FLOOR, D T E BUILDING
PALACE ROAD, BENGALURU-560 001.
3. SUPERINTENDENT OF POLICE
DIRECTORATE OF CIVIL RIGHTS ENFORCEMNT
NO.1, FIRST FLOOR, D T E BUILDING
PALACE ROAD, BENGALURU-560 001.
4. POLICE INSPECTOR
OFFICE OF THE DEPUTY SUPERINTENDENT OF
POLICE, DIRECTORATE OF CIVIL RIGHTS
ENFORCEMENT, KOLAR UNIT,
CHAMUNDESHWARI TEMPLE ROAD,
GULPET, KOALR-563 101.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1/STATE;
SRI. C JAGADEESH, SPECIAL COUNSEL FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE 1973, PRAYING TO QUASH FIR IN
CRIME NO.33/2022 DATED 17.03.2022 PENDING BEFORE THE
HONBLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE,
KOLAR ALLEGING OFFENCES PUNISHABLE UNDER SECTIONS
467, 468, 471, 198 AND 420 OF THE IPC, SECTION 3(1)(q) OF SC/ST
PREVENTION OF ATROCITIES ACT AND UNDER SECTIONS 5A AND
5B OF THE SC/ST AND OTHER BACKWARD CASTS (CASTE
RESERVATION OF APPOINTMENTS ETC) ACT, 1990 VIDE
ANNEXURE-B TO THE WRIT PETITION.
THESE PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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2022 WP No. 22244 of 2022 WP No. 22381 of
2022 WP No. 24202 of 2022 WP No. 861 of 2023
WP No. 1011 of 2023 WP No. 1020 of 2023
ORDER
The FIRs were lodged against the petitioners, alleging that while they served as Tahasildars, Revenue Inspectors, and Village Accountants, they colluded with the applicants to issue false caste certificates, despite the applicants not belonging to either scheduled caste or scheduled tribe communities. Subsequently, the District Caste Verification Committee revoked the caste certificates issued to the applicants under Section 4-C of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990 (hereinafter referred to as "the Act, 1990"). Following this, the Superintendent of Police, Directorate of Civil Rights Enforcement, filed the FIR with the jurisdictional police, registering offenses under Sections 5-B of the Act, 1990, and Sections 196, 198, 420, 109 of the Indian Penal Code (IPC), and Section 3(1)(q) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015.
2. After hearing arguments of the learned counsel for the parties, it is observed that Section 5-B of the Act, 1990 stipulates penalties for intentionally issuing false caste certificates, with rigorous imprisonment and fines. Section 6 mandates that no prosecution under this Act shall commence without the sanction of the State Government. Furthermore, Section 11 offers protection for actions undertaken in good faith under this Act.
3. It is evident that the petitioners, acting as Revenue Inspectors and Village Accountants, only conducted spot
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NC: 2024:KHC:9253 WP No. 23834 of 2022 C/W WP No. 22083 of 2022 WP No. 22244 of 2022 WP No. 22381 of 2022 WP No. 24202 of 2022 WP No. 861 of 2023 WP No. 1011 of 2023 WP No. 1020 of 2023 inspections and gathered statements from the applicants, their neighbors, and relatives, submitting reports to the Tahsildar. The Tahsildar then issued caste certificates based on these reports and relevant documents.
4. Although the FIR alleges collusion between the petitioners and the applicants in obtaining false caste certificates, prosecution under the Act can only proceed with the sanction of the State Government, as per Section 6.
5. Rule 7-A of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992 addresses prosecution for obtaining false caste certificates. Sub- Clause (2) of this rule empowers the Directorate of Civil Rights Enforcement to prosecute claimants who obtained false caste certificates, not the officers responsible for issuing them. Thus, the petitioners can only be prosecuted under Section 5-B of the Act, 1990, and without the necessary sanction under Section 6, the FIR against them lacks legal authority.
6. Furthermore, the allegations against the petitioners lack specific overt acts demonstrating how they colluded with the applicants. Therefore, they can only be prosecuted for issuing false certificates under Section 5-B of the Act, 1990.
7. The offense under Section 3(1)(q) of the SC/ST (Prevention of Atrocities) Act is applicable only to individuals who provide false information to public servants, causing them to misuse their lawful powers to harm or annoy members of
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NC: 2024:KHC:9253 WP No. 23834 of 2022 C/W WP No. 22083 of 2022 WP No. 22244 of 2022 WP No. 22381 of 2022 WP No. 24202 of 2022 WP No. 861 of 2023 WP No. 1011 of 2023 WP No. 1020 of 2023 scheduled castes or scheduled tribes. Since the petitioners acted based on information provided by the applicants, they cannot be charged under this provision. Therefore, continuing the investigation under these circumstances would constitute an abuse of the legal process. Accordingly, I pass the following:
ORDER
i) The petitions are allowed.
In W.P Nos.23834/2022, 22083/2022, 22244/2022, 22381/2022
ii) The registration of FIR in Crime No.225/2022 registered by the Hosadurga Police Station insofar as it relates to the petitioners stands quashed.
In W.P No.24202/2022:
The registration of FIR in Crime No.226/2022 registered by the Hosadurga Police Station insofar as it relates to the petitioner stands quashed.
In WP Nos.861/2023, 1011/2023 and 1020/2023 The registration of FIR in Crime No.33/2022 registered by the Robertsonpet Police Station insofar as it relates to the petitioners stands quashed.
Sd/-
JUDGE BKM