Karnataka High Court
Krishnappa S/O. Udachappa Karajagi, vs The State Of Karnataka, on 15 March, 2012
1
IN THE HiGH COURT OF KA
RNATAKA
CIRCUIT BENCH AT DHAR
WAD
DATED THIS THE 15Th DA
Y OF MARCH 2012
BEFORE
THE HON BLE MR.JUSTIC
E K.N.KESHAVANARAYANA
CRIMINAL PETITION No.11
384/2011
BETWEEN:
Sri.Krishnappa
Sb Udachappa Karajagi
Aged 59 years,
Retd. Security Officer,
Rio C-107 North 7th Lane
,
ITI Colony,
Doorvani Nagar,
Bangalore-16.
... Petitioner
(By Sri.Ramachandra M
ali, Advocate)
AND:
1. The State of Karnata
ka
Rep. by Dharwad Sub-U
rban Police,
Dist: Dharwad,
Now rep. by SPP
2. The Deputy Superinte
ndent of Police
Directorate of Civil Rights
Enforcement,
Belgaum.
...Respondents
(By Sri.Anand K. Navalgi
math, Government Pleade
r)
This Criminal Petition is filed under Section
482
Cr.P.C., seeking to quash the complaint and
FIR dated
10.3.201 1 registered in Dharwad Sub Urba
n Police
station in P.S. Crime No.56/2011 on the file
of the Pri,
District & Sessions Judge, Dharwad registered
for the
0/P/U/S 196. 198, 420 & Sec. 3(1)(ix)
of SC/ST
Prohibition of Atrocities Act, 1989, as bein
g totally
arbitrary, illegal and not sustainable in law.
This Criminal Petition coming on for adm
ission
this day. the Court made the following:
ORDER
Dharwad SubUrban Police have registered the case in Crime No.56/il against this petitione r for the offence punishable under Section 3(i)(ix) of the Scheduled Castes and Scheduled Tribes (Prev ention of Atrocities) Act, 1989 (for short The Act') on the ground that in the year 1972, the petitioner obta ined a false caste certificate to the effect that he belongs to ' Koli community falling within the category of Scheduled Tribe and on the basis of the said certi ficate, he obtained employment in Indian Telephone Industries Limited and thereby he cheated the Governm ent. The petitioner by presenting this petition has sought for quashing the investigation launched against him inter alia on the ground that though he obtained a caste 3 certificate in the year 1972 as belonging to Koli community which is a member of Scheduled Tribe, he did not derive any benefit out of the said caste certificate, on the other hand, he obtained employment in indian Telephone industries Limited under General category and not to a post reserved for Scheduled Tribe.
He has also contended that pursuant to the Government Order No.SWD 713 SAD 93 dated 11.3.2002, he surrendered the said certificate on 10.4.2008 and it is only thereafter, the authorities have registered a criminal case. It is contended on the behalf of the petitioner that in the light of the directions issued in the Government Order, the registration of criminal case is bad and therefore, the investigation is liable to be quashed.
2. There is no dispute that the petitioner was appointed as a Wireman in the Indian Telephon e industries Limited as per the appointment order dated 18.9.2002 vide Annexure-A. There is also no dispute that the petitioner obtained a caste certificate from the 4 Tahsildar. Dharwad taluk in the year 1972 sho wing that he belongs to Koli community and that the said community is a member of Scheduled Trib e category.
The appointment order side Annexure-A does not indicate his appointment against a reserved categor3.
Therefore, there are no evidence to establis h that the petitioner was appointed against the post reserved for Scheduled Tribe category. Thus the petition er appears to have not derived any benefit from out of the caste certificate obtained by him in the year 1972.
3. The Government order dated 11.3.2002 read s as under:
"In partial modification of government Orders read at (1) and (2) Government are pleased to order as under:
1. The benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara. Taiwara. Maaleru. Kuruba communities in G.Os. read at (1) and (2) above and Besta and Koli Communities according1 cease. All persons of these communities who have obtained ST caste e ) certificates shall surrender them immediately to the issuing author ity for cancellation. They shall not be liab le for penal action provided they surrender their certificates. The issuing authority shall cancel such certificates.
2. Wherever it comes to the notice of the appointing authority that a ST cer tificate has been issued to a persons belong ing 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 dues regard to the principles of natural justice.
The benefits of reservation obtained by the persoins in para (I) in education al and employment based on the wrong caste certificate issued by the competent authorities as ST and which have bec ome final may also be not disturbed accord ingly.
4. It is pursuant to this Government Order, the petitioner appears to have surren dered the caste certificate obtained by him in the yea r 1972 along with & C) covering letter dated 10.4.2008 as per Annexure-D. It is thereafter the authorities appears to have chosen to register the criminal case against this petitioner. As noticed supra, the Government through its order had promised every person who have obt ained Scheduled Tribe caste certificate showing him as belonging to Koli community, that if the caste certificate so obtained is surrendered, no action would be take n against them and even th employment secured on the basis of such certificate issued by the authorities whi ch have become final would not be disturbed. In the light of this, promise held out, even it is assumed that the petitioner had obtained the employment on the basis of the Scheduled Tribe caste certificate obtaine d by him from the competent authority in the year 1972, as per the Government Order, the same cannot be disturbed nor he can be criminally prosecuted for obtaining such caste certificate. The Government hav ing once held out a promise that no action will be taken against the person obtaining such caste certific ate, if such caste certificate is surrendered for cancellation, the 7 Government is estopped from initiating any criminal prosecution against the petitioner for any of the offences based on caste certificate obtained. In several similar matters, this Court has quashed the criminal prosecution initiated b\ the jurisdictional police.
5. Therefore, the petition is allowed. The investigation in Crime No.56/il of Dha rwad Sub Urban police station and all further proceedin gs as against the petitioner, are hereby quashed.
Sd! 3UDG