Gonda Rajappa S/O Bheerappa vs The State Of Karnataka & Anr on 11 March, 2014

[Cites 2, Cited by 1]

Karnataka High Court

Gonda Rajappa S/O Bheerappa vs The State Of Karnataka & Anr on 11 March, 2014

Bench: Rathnakala

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             IN THE HIGH COURT OF KARNATAKA
                      GULBARGA BENCH

          DATED THIS THE 11TH DAY OF MARCH 2014

                           BEFORE

         THE HON'BLE MRS. JUSTICE RATHNAKALA

             CRIMINAL PETITION NO.200130/2014

BETWEEN:

GONDA RAJAPPA @ RAJAPPA,
S/O BEERAPPA,
AGE:46 YEARS,
OCC. ASST.ENGR,
R/O PLOT NO. 70,
S.B.LAYOUT, OM NAGAR,
GULBARGA-05.                                   ... PETITIONER

(BY SRI GURURAJRAO KAKKERI, ADV. &
    SRI GANESH NAIK, ADV.)

AND:

1.     THE STATE OF KARNATAKA,
       THROUGH MARKET
       POLICE STATION,
       BIDAR DIST BIDAR,
       PIN.NO.585401.

2.     THE SUPER INTENDENT OF POLICE
       OF THE OFFICE OF DIRECTOR
       OF CIVIL RIGHTS IMPLEMENTATION,
       GULBARGA-02.                         ... RESPONDENTS

(BY SRI SANJAY.A.PATIL, ADDL.SPP)

     THIS CRL.P FILED U/S 482 OF CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDING AND DISCHARGE THE PETITIONER IN THE
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CRIME NO.10/1996 OF THE MARKET P.S. PENDING BEFORE THE
COURT OF THE CJM AT BIDAR, AND ALSO GRANT SUCH OTHER
RELIEF'S AS THE HON'BLE COURT DEEMS FIT. IN THE INTEREST OF
JUSTICE AND EQUITY.

    THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

This petition is filed under Section 482 of Cr.P.C. seeking quashing of the entire proceedings in Crime No.10/1996 registered by the Market Police Station pending before the CJM Court at Bidar.

2. Heard the learned counsel for the petitioner and learned HCGP for the respondents.

3. The fact is that the petitioner was appointed as Assistant Engineer by University of Gulbarga under the reserved category of ST-Gonda community. Pursuant to a complaint filed on 17.02.1994, above referred case was registered against him for the offence punishable under Section 420 of IPC. Thereafter, the petitioner was granted bail by the Jurisdictional Court. Till now, final report is not filed 3 and the investigation is going on. In the meanwhile, the Government has issued a notification in No.SWD 713 SAD 93, Bangalore dated 11.03.2002 which reads 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, Talwara, Maaleru, Kuruba communities in G.Os read at (1) and (2) 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.

2. 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 4 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:

1. Enquires pending before the various Departments, Verification Committee, Appellate authorities, CRE cell and other authorities stands abated or dropped.

2. Action shall be taken to withdraw the cases filed before any court.

3. Suspension orders if any in such cases stands revoked.

4. Pensionary benefits that are withheld shall be released.

3. 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.

4. The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities who have obtained employment under ST quota (as Nayaka, Maaleru, 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 of 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.O.s read at (1) & (2) above have to be restored."

4. In similar matter, this Court in "Crl.P.No.200091/2014" quashed the FIR registered against the petitioner therein. In the light of the above notification, now the complaint and the consequential investigation loose validity in the eye of law.

Accordingly, the petition is allowed. The FIR in No.10/1996 dated 17.02.1994 registered for the offence punishable under Section 420 of IPC against the petitioner by Market Police Station, Bidar is quashed.

Since, the petition is allowed, I.A.1/2014 seeking stay of the proceedings does not survive for consideration.

Sd/-

JUDGE VM

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