Karnataka High Court
Shivalingappa vs The State Of Karnataka on 19 August, 2025
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NC: 2025:KHC-K:4750
CRL.P No. 201166 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO.201166 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
SHIVALINGAPPA S/O REANASIDDAPPA,
AGE:48 YEARS,
OCC: ASST. ADMINISTRATIVE OFFICER,
ADVOCATE GENERAL OFFICE,
KALABURAGI BENCH,
R/O KALABURAGI.
...PETITIONER
(BY SRI K.M. GHATE, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE 1. THE STATE OF KARNATAKA,
Location: HIGH THROUGH ITS SUB-INSPECTOR OF POLICE,
COURT OF MARKET POLICE STATION, BIDAR,
KARNATAKA
THROUGH ADDL. STATE PUBLIC PROSECUTOR,
KALABURAGI BENCH, KALABURAGI-585 107.
2. SMT. INDIRABAI,
SUB-INSPECTOR OF C.R.E. CELL,
KALABURAGI DIVISION,
KALABURAGI-585 102.
...RESPONDENTS
(BY SRI GOWTHAMDEV C. ULLAL, SPL. COUNSEL)
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NC: 2025:KHC-K:4750
CRL.P No. 201166 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (OLD), SECTION 528 OF BNSS, 2023, PRAYING TO
QUASH THE FIR AND COMPLAINT FILED BY RESPONDENT
NO.1-POLICE IN CRIME NO.87/2023 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 196, 198, 420 OF IPC R/W
SECTION 3(1)(Q) OF SC/ST PREVENTION OF ATROCITIES ACT,
1989 (AMENDED 2015) AND UNDER SECTION 5(A) 5(b) OF
SC/ST AND OBC (APPOINTMENTS ETC., RESERVATION RULES,
1992) BY THE RESPONDENT NO.1 POLICE STATION DATED
28.10.2023.
THIS PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
(PER: HON'BLE MRS JUSTICE M G UMA) The petitioner being the accused in Crime No.87/2023 of Market Police Station, Bidar, registered for the offences punishable under Sections 196, 198, 420 of the Indian Penal Code, 1860 (for short 'IPC') R/w Section 3(1)(Q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015) (hereinafter referred to as 'SC & ST (POA) Act' for short) and Sections 5(A) and 5(B) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes -3- NC: 2025:KHC-K:4750 CRL.P No. 201166 of 2025 HC-KAR (Reservation of Appointments, Etc.) Rules, 1992 (for short 'Karnataka SC/ST and OBC (Reservation of Appointments, Etc.) Rules), is seeking to quash the criminal proceedings initiated against him.
2. Heard Sri K.M. Ghate, learned counsel for the petitioner and Sri Gowthamdev C. Ullal, learned counsel for the respondents. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the criminal proceedings initiated against the petitioners is liable to be quashed invoking inherent power under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023?"
My answer to the above point is in 'Affirmative' for the following:
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NC: 2025:KHC-K:4750 CRL.P No. 201166 of 2025 HC-KAR REASONS
4. It is the contention of the petitioner that, he is arrayed as the accused in Crime No.87/2023 of Market Police Station, Bidar for the above said offences. The allegation against the petitioner is that, he has obtained false Caste Certificate by playing fraud and misrepresentation that he belongs to Scheduled Tribe. It is alleged that, the District Caste Verification Committee had set aside the Caste Certificate issued in favour of the petitioner on 17.11.2022 and the criminal proceedings were initiated.
5. It is the contention of the learned counsel for the petitioner that, the petitioner has challenged the order passed by the District Caste Verification Committee before the Director of Scheduled Tribe Welfare Department being the Appellate Authority under Section 4-D(1) of the Karnataka Scheduled Castes/Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990 and the same is still pending consideration. -5-
NC: 2025:KHC-K:4750 CRL.P No. 201166 of 2025 HC-KAR
6. Learned counsel for the petitioner further submits that, as per Section 6 of the Karnataka SC/ST and Other B.C. (Reservation of Appointments, Etc.) Act, unless a valid sanction is obtained from the State Government, no criminal prosecution can be initiated.
7. Learned counsel for the respondents fairly conceded that, no such sanction is obtained and seeks liberty to get sanction to prosecute the petitioner afresh. Learned counsel for the petitioner has no objection for the same.
8. Section 6 of the Karnataka SC/ST and Other B.C. (Reservation of Appointments, Etc.) Act refers to the cognizance of the offence and it bars taking cognizance of the offence, unless there is sanction by the State Government. When such clear bar is provided under Section 6, criminal proceedings cannot be proceeded in the absence of such sanction. Under such circumstances, cognizance of the offence could not be taken by the Trial -6- NC: 2025:KHC-K:4750 CRL.P No. 201166 of 2025 HC-KAR Court. Hence, I am of the opinion that the criminal proceedings is liable to be quashed.
9. In view of the above, I answer the above point in the affirmative and proceed to pass the following:
ORDER
i) The petition is allowed.
ii) Criminal proceedings initiated against the petitioner/accused in Crime No.87/2023 of Market Police Station, Bidar, for the offences punishable under Sections 196, 198, 420 of IPC R/w Section 3(1)(Q) of the SC & ST (POA) Act (Amended 2015) and Sections 5(A), 5(B) of the Karnataka SC/ST and Other B.C. (Reservation of Appointments, Etc.) Rules, 1992 is hereby quashed.
iii) Liberty is reserved with the respondents to get necessary sanction under Section 6 of the Karnataka SC/ST and Other B.C. (Reservation -7- NC: 2025:KHC-K:4750 CRL.P No. 201166 of 2025 HC-KAR of Appointments, Etc.) Act, 1990 and initiate criminal action against the petitioner afresh, if they are advised to do so.
iv) In view of disposal of the petition, I.A.1/2025 for stay does not survive for consideration and the same is accordingly dismissed.
Sd/-
(M G UMA) JUDGE LG List No.: 1 Sl No.: 27