Karnataka High Court
Manmathappa S/O Manikappa vs The State Of Karnataka And Anr on 9 October, 2023
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CRL.P No. 201474 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 201474 OF 2022 (482)
BETWEEN:
MANMATHAPPA
S/O. MANIKAPPA
AGE: 63 YRS, OCC: RETD. ASI AND AGRICULTURE,
R/O. ALIAMBER
TQ. AND DIST. BIDAR- 585402.
...PETITIONER
Digitally signed by (BY SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)
SHILPA R
TENIHALLI
Location: HIGH
COURT OF
AND:
KARNATAKA
1. THE STATE OF KARNATAKA
THROUGH MARKET POLICE STATION,
BIDAR- 585401.
2. THE SUPERINTENDENT OF POLICE
DCRE CELL KALABURAGI- 585101.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI. C. JAGADISH, SPL COUNSEL FOR R2)
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CRL.P No. 201474 of 2022
THIS CRL. PETITION IS FILED U/S.482 OF CR.P.C.
PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH
THE FIR IN CRIME NO. 24/2022 OF MARKET POLICE STATION,
BIDAR FOR THE OFFENCES PUNISHABLE U/SEC. 196, 198, 420,
109 IPC, U/SEC. 3(1)(Q) OF SC-ST (PREVISION OF
ATROCITIES) ACT, 1989 AND OFFENCE U/SEC. 5(A), 5(B) OF
KARNATAKA SC-ST AND OTHER B.C. (RESERVATION IN
APPOINTMENT) ACT, 1990 PENDING ON THE FILE OF ADDL.
DISTRICT AND SESSIONS COURT AND SPECIAL COURT UNDER
SC-ST (PREVENTION OF ATTROCITIES) ACT- 1989, BIDAR.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
05.09.2023, COMING ON FOR PRONOUNCEMENT OF ORDER,
THIS DAY, THIS COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. seeking to quash the entire proceedings of the FIR in Crime No.24/2022 of Market Police Station, Bidar for the offence punishable under Sections 196, 198, 420, 109 of the Indian Penal Code, 1860 (for short 'IPC') and under Sections 3(1)(q) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (for short 'SC/ST (P.A.) Act') and under Sections 5(a) and 5(b) of Karnataka SC/ST and other B.C (Reservation in Appointment), Act 1990 (for short 'Act').
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2. For the sake of convenience the parties are referred to as per their ranking before the Trial Court. The petitioner is accused and respondent No.1 is - State and respondent No.2 is de-facto complainant.
3. Brief facts of the case are that, on 06.02.1986 the petitioner had obtained caste certificate as Scheduled Tribe - Gonda and had applied for the post of Police Constable in Dharwad District and was appointed as Police Constable, hence, the ADGP Enforcement Directorate, Bengaluru, entrusted to conduct enquiry as to the caste of the petitioner, in turn, the enquiry officer conducted enquiry and submitted his report, and came to know that, the petitioner though belongs to Kuruba Community, he had obtained caste certificate as Schedule Tribe - Gonda. Based on such report, the Enforcement Directorate forwarded it to the District Caste verification committee, Bidar, who in turn, set aside the caste certificate, that was obtained on 06.02.1986 by its order dated 26.11.2021 and thereafter complaint has been filed before the Market -4- NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 Police Station, Bidar, hence, case has been registered for the aforesaid offences. Aggrieved by the same, the petitioner has filed this petition.
4. Heard learned counsel for petitioner Sri. Kadloor Satyanarayanacharya, learned High Court Government Pleader for respondent No.1 - State and learned Special counsel Sri. C Jagadish for respondent No.2.
5. Learned counsel for petitioner submits that, the petitioner had obtained caste certificate in the year 1986 at the turn of adolescence and becoming major, over enthusiastic to join the police service, had applied for recruitment of constable in Dharwad District, enclosing the caste certificate as Scheduled Tribe - Gonda, issued by Tahasildhar, Bidar. But, he neither knew the difference and distinguishing feature between the Kuruba community and Scheduled Tribe - Gonda, when he obtained the certificate by the Tahasildar, Bidar. It is contended that he never had any malafide intention to make any false -5- NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 representation at the caste of other deserving candidate, when he applied for the recruitment of the constable; at the time of verification when this mistake was found and he was not recruited, he has not resisted the same, on the contrary, as a law abiding citizen, he never used that certificate.
6. It is further contended that, six years thereafter, during the year 1993, when police recruitment took place in Bidar District, he had applied and got selected in the General Merit Category. Later, he selected under IIA Category and joined the service in the month of January 1993 and after successful un-blemished service of 27 years, he retired from his services on 31.05.2019 as an ASI.
7. It is further contended that, as on 06.02.1986, both enactments i.e. SC/ST (P.A) Act and Act were not at all enacted by the legislature, therefore, the panel provisions under which the crime is registered are not at all applicable; the enactments are prospective in nature -6- NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 and cannot have retrospective effect, but the prosecution has launched the present case, which is contrary to Article 20(1) of Constitution of India, it provides that, no person shall be convicted of any offence, except for violation of law in force at the time of commission of Act, charged as an offence, nor be subjected to a penalty greater than, that which might be inflicted under the law in force, at the time of commission of offence; as such, the Special Court has no powers to take cognizance of these offences; so for as alleged offences under IPC are concerned, there is no whisper in the contents of the complaint that, "the accused/petitioner had the knowledge that, the Kuruba Community do not comes under the Category of Scheduled Tribe - Gonda and in spite of that, he managed the Tahasildar, for issue of caste certificate, to believe the same and made him to issue such certificate and the same was mis-used by him with a malafide intention, either to cheat the recruitment committee of Dharwad or caused any loss to any candidates coming under the category of Scheduled Tribe - Gonda, then, to snatch the post, so as -7- NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 to attract the ingredients of Sections 196, 198, 420 of IPC".
8. It is further contended that, there is a delay of 35 years in filing the complaint, without there being any plausible explanation for the said delay. Therefore, for the above valid grounds and reasons mentioned supra, it would be futile exercise for the investigating agency, to make further investigation, except making the accused/petitioner to suffer the ordeal of facing uncalled trial. As such, this Court indulgence is very much required, to invoke the inherent powers under Section 482 of Cr.P.C., to stop further investigation in Crime No.24/2022 of Market Police Station, Bidar and to quash the entire proceedings of the above crime, in the interest of justice and equity.
9. The learned counsel for petitioner relied upon following judgments;
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1) Crl. R.P. No.989/2012 c/w 988/2012 in case of Smt. Yamuna Vs. The State, CRE Cell.
2) Writ Appeal No.1242/2019 in case of Sri. R S Mahadeva Vs. B R Gopamma & others.
10. Learned Special Counsel Sri. C Jagadish for respondent No.2 strongly opposed the petition inter-alia contending that, where a candidate obtained an appointment on the basis that, he belongs to a designated caste, tribe or class for whom post is meant and it is found upon verification by the caste verification committee that, such an individual does not belong to designated caste, he cannot be protected by taking recourse to administrative circulars and resolution. He further contended that, the caste certificate of petitioner has been annulled by Dy. Commissioner under Rule 3-C of the Act and the caste certificate issued under section 4A shall be valid, until it is cancelled. It is further contended that, there is prima facie case against petitioner / accused that, he belong to -9- NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 Kuruba Community, but he obtained caste certificate as Scheduled Tribe - Gonda. Hence, the burden is on the petitioner. Hence, he prayed to reject the petition. Learned HCGP for respondent No.1 reiterated the contention of learned Special Counsel for respondent No.2.
11. Having heard the learned counsels to the lis, and perused the material on record with reference to the principles of law laid down in the decisions cited supra.
12. Insofar as the factual matrix is concerned, there is no dispute that the petitioner herein belongs to 'Kuruba' Community, and he obtained a caste certificate as he belongs to 'Scheduled Tribe - Gonda' Community and secured employment as Police constable at Dharwad. It is also borne on record that, the caste certificate obtained by the petitioner was later cancelled by the Caste Verification Committee dated 26.11.2021. Under the said circumstances, the only question that arises for consideration is:
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 "Whether the prosecution of the petitioner for the alleged offences punishable under sections 196, 198 and 420 of Indian Penal Code and Section 3 (1) (q) of the Act is not sustainable in the eye of law"?
13. It is the case of the prosecution that, the petitioner being a member of Kuruba Community had obtained caste certificate, as if, he belonging to Scheduled Tribe - Gonda Community and secured the post of Police Constable.
14. In view of the allegations made against accused, let me analyze the provisions of section 196, 198 and 420 of IPC and Section 3 (1) (q) of the SC/ST (POA) Act, 1989. The aforesaid provisions are as under;
196. Using evidence known to be false.--Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as
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CRL.P No. 201474 of 2022
if he gave or fabricated false
evidence.
198. Using as true a certificate
known to be false.--Whoever
corruptly uses or attempts to use
any such certificate as a true
certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
420. Cheating and dishonestly inducing delivery of property.--
Whoever cheats and thereby dishonestly induces the person
deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 Section 3. (1) (q) of the SC/ST (POA) Act, 1989 : Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe.
15. In the light of above proposition of law and the fact and circumstance of the present case, let me analyze, whether those sections are attracted or not. The Government of Karnataka has issued circular dated 11.03.2002, making reservations to particular caste, which is as under;
GOVERNMENT ORDER NO.SWD 713 SAD 93
BENGALURU, DATED:11TH MARCH 2002 In partial modification of Government Orders read at (1) and (2) Government are pleased to order as under:
The benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talwara, Mallcru, Kuruba communities in G.Os read at (1) and (2)
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 above and Besta and Koli Communities accordingly cease. All persons of these communities who have obtained ST caste certificates shall surrender them immediately to the issuing authority for cancellation. They shall not be liable for penal action provided they surrender their certificates. The issuing authority shall cancel such certificates.
Wherever it comes to the notice of the appointing authority that a ST certificate has been issued to a persons belonging to these communities and which has not been surrendered or cancelled necessary action shall be taken for cancellation of such certificate by the issuing authority, with due regard to the principles of natural justice.
The benefits of reservation obtained by the persons in para (1)in educational and employment based on the wrong caste certificate issued by the competent authorities as ST and which have become final may also be not disturbed accordingly:
Enquires pending before the various Departments, Verification Committee, Appellate authorities, CRE cell and other authorities stands abated or dropped.
Action shall be taken to withdraw the cases filed before any court.
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 Suspension orders if any in such cases stands revoked.
Pensionary benefits that are withheld shall be released.
The competent authority to issue caste certificates shall independently verify each case before issuing a certificate and shall not issue a certificate merely because the father/brother or any relative of the person holds a certificate as belonging to a particular community.
The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maalcru, Kuruba, Besta and Koli communities who have obtained employment under ST quota ( as Nayaka, Maalcru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli) shall be treated as appointments under GM category w.e.f. the date of this order. They shall not be eligible for any promotion or any other benefits as STs in future. However, they could claim benefits under the respective category as Backward Classes to which they belong as per the existing Government Order.
Separate orders shall be issued regarding the manner in which the vacancies lost to STs on account of G.Os read as (1) and (2) above have to be restored.
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16. A reading of the above order on the face of it discloses that, it relates to the benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talwara, Maalcru, Kuruba Community. Clause 4 of the aforesaid order provides that the appointments already made in respect of the persons belonging to Pariwara, Talwar, Maalcru, Kuruba, Besta and Koli communities who have obtained employment under Scheduled Tribe quota as Nayaka, Maalcru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli shall be treated as appointments under 'General Merit' category with effect from the date of the said order.
1 7 . In the instant case, undisputedly, the petitioner belongs to 'Kuruba' Community and he obtained caste certificate as he belongs to 'Scheduled Tribe - Gonda' Community. The aforesaid order does not extend the exemption to the persons belonging to 'Kuruba' Community who have secured employment
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 under SC/ST quota. Therefore, on factual matrix, the petitioner cannot claim to defend the benefits secured by him on the strength of the aforesaid notification.
18. Even on question of law, the petitioner being a party to the fraud cannot take advantage of his own fraud and seek exemption from criminal prosecution. In State of Maharastra and Others vs. Ravi Prakash Babulalsing Parmar and Another reported in (2007) 1 SCC 80, while considering the implications of the false caste certificates obtained by unscrupulous elements, in para 23 of the judgment, the Hon'ble Supreme Court, it is observed that:-
"The makers of the Constitution laid emphasis on equality amongst citizens. The Constitution of India provides for protective discrimination and reservation so as to enable the disadvantaged group to come on the same platform as that of the forward community. If and when a person takes an undue advantage of the said beneficent provision of the Constitution by obtaining the benefits of
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 reservation and other benefits provided under the Presidential Order although he is not entitled thereto, he not only plays a fraud on the society but in effect and substance plays a fraud on the Constitution. When, therefore, a certificate is granted to a person who is not otherwise entitled thereto, it is entirely incorrect to contend that the State shall be helpless spectator in the matter."
19. In Shoba Lakshmi vs. Divisional Commissioner & Ors (in Spl. Leave to Appeal(Civil) No.138/2013 dated 28.01.2013), the Hon'ble Apex Court in similar situation held that, the petitioner therein secured employment as Assistant, against the vacancy reserved for Scheduled Tribe by producing the caste certificates issued by Tahsildar, Shimoga and Tahsildar, Bengaluru North Taluk. Said certificates were cancelled by the CRE Cell. The petitioner therein, took shelter under the aforesaid order of Government dated 11th March 2002. However, the Hon'ble Supreme Court, in the above decision
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 ratified the view taken by the Division Bench of this Court which reads as under:-
"Be that as it may, there was certain confusion in regard to treating 'Maleru' and 'Maaleru' as Scheduled Tribe. The said fact has been settled stating that 'Maleru' alone belongs to Scheduled Tribe and not 'Maaleru'. A Co-ordinate Bench of this Court in W.A.No.4023/2004 and other connected writ appeals has decided that 'Maaleru' does not belong to Scheduled Tribe and that such candidates cannot claim the benefit of Scheduled Tribe and therefore, the said question is no more resintegra. The judgment relied upon by the learned counsel for the appellant in Union of India vs. H. Ramakrishna is also not helpful to the appellant in view of the subsequent judgment of the Hon'ble Supreme Court which are relied upon by the learned counsel for the appellant. When the order of the State Government cannot be
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 extened to the central Government Employees as ruled by the Hon'ble Supreme Court in Addl. General Manager-Human Resources, Bharat Heavy Electricals Ltd., vs. Suresh Ramkrishna Burde ((2007) 5 SCC 336]. It is clear that the appellant cannot contend that in view of the order of the Government dated 11th March 2002, the appellant's appointment has been saved because the Parliament has not declared 'Maaleru' as Scheduled Tribe to save the appointment of the appellant based on the order of the State of Karnataka. In addition to that, by the order of the State a right vested under Articles 341 and 342 of the Constitution of India cannot be diluted and cannot be taken away."
(underline supplied)
20. The criminal prosecution could be launched against imposters who by posing themselves as members of the caste, tribe or class for whom reservation has been
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 earmarked has been considered by the Hon'ble Supreme Court, in the case of Kumari Madhuri Patil vs. Additional Commissioner, Tribal Development, reported in AIR 1995 SC 1994.
21. In Chairman and Managing Director, FCI and Ors vs. Jagdish Balaram Bahira and Ors. reported in AIR 2017 SC 3271, the Hon'ble Supreme Court has summed up the directions as under:-
"A prosecution should be launched against the candidate or, as the case may be, the parents or guardians responsible for making the false claim. The regime postulated in the judgment of this Court in Madhuri Patil (supra) took effect from 2 September 1994, which was the date of the judgment.
Eventually in the State of Maharashtra these directions received legislative recognition upon the enactment of the Maharashtra Act XXIII of 2001 which came into force in the State on 18 October 2001. However, it is important to notice that even before the State Legislature stepped in to confer a
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 statutory form to the directions which were issued by this Court in Madhuri Patil (supra) the regime, as it then obtained prior to the enactment of the law, also envisaged consequences upon a caste or tribe claim being found to be false upon a verification by the Scrutiny Committee. The cancellation of a certificate would, as a necessary consequence, involve the invalidation of the appointment to a post or admission to an educational institution. Where a candidate had been appointed to a reserved post on the basis of the claim that he or she was a member of the group for which the reservation is intended, the invalidation of the claim to belong to that group would, as a necessary consequence, render the appointment void ab initio. The rationale for this is that a candidate who would otherwise have to compete for a post in the general pool of unreserved seats had secured appointment in a more restricted competition confined to the reserved category and usurped a benefit meant for a designated caste, tribe or class. Once it was found that the candidate had obtained
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 admission upon a false representation to belong to the reserved category, the appointment would be vitiated by fraud and would be void ab initio. The falsity of the claim lies in a representation that the candidate belongs to a category of persons for whom the reservation is intended whereas in fact the candidate does not so belong. The reason for depriving the candidate of the benefit which she or he has obtained on the strength of such a claim, is that a person cannot retain the fruits of a false claim on the basis of which a scarce public resource is obtained. The same principle would apply where a candidate secures admission to an educational institution on the basis of a false claim to belong to a reserved category. A candidate who does so causes detriment to a genuine candidate who actually belongs to the reserved category who is deprived of the seat. For that matter a detriment is caused to the entire class of persons for whom reservations are intended, the members of which are excluded as a result of an admission granted to an imposter who does
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 not belong to the class. The withdrawal of benefits, either in terms of the revocation of employment or the termination of an admission was hence a necessary corollary of the invalidation of the claim on the basis of which the appointment or admission was obtained. The withdrawal of the benefit was not based on mens rea or the intent underlying the assertion of a false claim. In the case of a criminal prosecution, intent would be necessary. On the other hand, the withdrawal of civil benefits flowed as a logical result of the invalidation of a claim to belong to a group or category for whom the reservations is intended. This was the position under the regime which prevailed following the decision in Madhuri Patil."
22. Further, in para 53 of the said order, it is observed as under:-
"Administrative circulars and Government resolutions are subservient to legislative mandate and cannot be contrary either to constitutional norms or statutory principles. Where a candidate has obtained
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by taking recourse to administrative circulars or resolutions. Protection of claims of a usurper is an act of deviance to the constitutional scheme as well as to statutory mandate. No government resolution or circular can override constitutional or statutory norms. The principle that government is bound by its own circulars is well-settled but it cannot apply in a situation such as present. Protecting the services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment."
(underling supplied)
23. Lastly, Rule 7-A of The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward (Reservations of Appointment, Etc.,) Rules, 1992 specifically provides for prosecution of the offenders who obtained false caste Certificate. Said Rule reads as under:
7-A. Prosecution for obtaining false caste certificate- (1) The Caste Verification Committee or the Caste and Income Verification Committee, as the case may be and the Divisional Commissioner, shall send a copy of the order rejecting claim of the applicant for grant of Validity Certificate or, as the case may be, a Copy of the order in appeal rejecting such claim, to the Directorate of Civil Rights Enforcement.
(2) The Directorate of Civil Rights
Enforcement shall take steps to
prosecute such claimant who has
obtained a false Caste Certificate.
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24. In view of the above legal and factual position, the prosecution of the petitioner for the alleged offences under Section 196, 198, 420, 109 of IPC and under Sections 3(1)(q) of SC/ST (P.A.) Act and under Sections 5(a) and 5(b) of Act, cannot be faulted with as the allegations made in the complaint prima facie make out the ingredients of the above offences alleged against the petitioner.
25. The learned counsel for petitioner relied upon Yamuna's case passed by the Co-ordinate Bench of this Court, wherein, the Co-ordinate Bench observed that "if a false Caste Certificate is obtained by persons not belonging to Scheduled Caste / Scheduled Tribe by giving wrong information, it does not mean that a public servant is induced to take action against a member of Scheduled Caste / Scheduled Tribe. The said provision cannot be invoked in the charge sheet even if it is assumed for the argument sake that certificates are obtained by giving false information. In this view filing of charge sheet against the
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 petitioners was un-warranted, accordingly, the Court discharged the petitioner, who obtained false Caste Certificate".
26. The learned counsel for petitioner relied upon the Judgment passed by the Division Bench of this Court in W.A. No.1242/2019 dated 03.06.2021, wherein, the Court observed that, the accused married to a member of Scheduled Caste prior to 1979, hence, she obtained Caste certificate, as if she belongs to Scheduled Caste 'Adi Karnataka Caste'. Hence, the Co-ordinate Bench of this Court quashed the criminal case against her and the Division Bench of this Court confirmed it.
27. In the instance case, the petitioner obtained false caste certificate on 06.02.1986, which was cancelled on 26.11.2021, thus, the petitioner not only played a fraud on the society but in effect and substance plays a fraud on the constitution, hence, a certificate is granted to a person who is not otherwise entitled thereto, it is entirely incorrect to contend that, the SC/ST (POA) was not in force. Further
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 more, the petitioner never tried to cancel his caste certificate till a case is registered against him, it shows that, even after introduction of SC/ST (POA) the petitioner ought to have cancelled his caste certificate, thus, under Rule 4-A of SC/ST (POA) Act, the caste certificate issued is valid, until its cancelled.
28. In the instant case, the petitioner has taken contention that, though petitioner obtained Caste Certificate, as if he belongs to Scheduled Tribe, but, he never used it and never got job on the basis of Scheduled Tribe Caste Certificate. Whereas, as per the prosecution case, the petitioner obtained Caste Certificate, secured job in Dharwad District as Police Constable and he never cancelled such certificate till the year 2021. Thereby, the petitioner is disputing the question of fact. The disputed question of fact, which cannot be adjudicated upon by this court under Section 482 of Cr.P.C. At this stage, only prima facie case is to be seen. The similar ratio is laid down in case of M/s. Neeharika Infrastructure Pvt.
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 Ltd., V. State of Maharashtra reported in AIR 2021 SC 1918.
29. The Hon'ble Apex Court in case of Rajeev Kourav V. Baisahab and Ors reported in (2020) 3 SCC 317, held that, if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.
30. Further, it is no more res integra that exercise of power under Section 482 of Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence alleged. If the allegations in the complaint constitute offence under the Atrocities Act, whether the allegations are true or untrue, would have to be decided in the trial. This ratio is held in case of Ramveer Upadhyay and another V. State of Uttar Pradesh and another reported in SLP (Crl.) 2953/2022 dated 20.04.2022.
31. Administrative circulars and Government resolutions are subservient to legislative mandate and
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 cannot be contrary either to constitutional norms or statutory principles. Where a candidate has obtained an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by taking recourse to administrative circulars or resolutions. Protecting the services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment.
32. In the instant case, there is a disputed fact, as to whether petitioner get false Caste Certificate, got job
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NC: 2023:KHC-K:8080 CRL.P No. 201474 of 2022 but, fail to cancel it, till the year 2021, under such circumstances, this Court cannot exercise power under 482 of Cr.P.C. and cannot interfere, as it involves disputed question of facts.
33. As a result, there is no justifiable ground to quash the impugned proceedings. Hence, I proceed to pass the following;
ORDER Consequently, the Criminal Petition is dismissed.
Sd/-
JUDGE NE List No.: 1 Sl No.: 28