Karnataka High Court
Manikapa S/O Beerappa vs The State Of Karnataka & Anr on 10 February, 2014
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR. JUSTICE B V PINTO
CRL.PETITION No.200091/2014
BETWEEN
MANIKAPPA S/O BEERAPPA,
AGE: 60 YEARS, OCC: DEPUTY REGISTRAR
(RETIRED) GULBARGA UNIVERSITY,
R/O: GULBARGA.
...PETITIONER
(BY SRI. GANESH NAIK, ADVOCATE FOR
SRI GURURAJRAO KAKKERI, ADVOCATE )
AND:
1. THE STATE OF KARNATAKA
THROUGH BHALKI TOWN POLICE STATION
BHALKI, DIST: BIDAR.
2. THE SUPERINTENDENT OF POLICE
OF THE OFFICE OF DIRECTOR OF
CIVIL RIGHTS IMPLEMENTATION,
GULBARGA.
...RESPONDENTS
(BY SRI. SANJAY.A.PATIL, ADDL.SPP )
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THIS CRL.P. IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN CRIME NO.40/2002 INITIATED BY THE
RESPONDENT NO.1 BHALKI TOWN P.S.
THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed seeking to quash the proceedings in Crime No.40/2002 of Bhalki Town police station registered for the offences under Sections 420, 471 and 198 of IPC.
2. Heard Sri Ganesh Naik, learned counsel for the petitioner and Sri Sanjay.A.Patil, learned Addl. SPP for the respondents.
3. It is the allegation of the complainant that the petitioner has been working as Deputy Registrar of Gulbarga University and he has joined the services on 1.4.1982, giving his caste as Scheduled Tribe i.e., Gond community though he belonged to Kuruba community. While joining service, he has produced the caste 3 certificate issued by the Tahsildar Bhalki dated 5.7.1974 stating that he belongs to Gond community and the said caste is recognized as a Scheduled Tribe. It is his submission that the respondent namely., the Superintendent of Police, Civil Rights enforcement Directorate, Gulbarga has registered a complaint on the allegation that the said certificate is a concocted one and that he has thus cheated the Government and the employer. Hence, the aforesaid complaint came to be registered.
4. Sri Ganesh Naik, learned counsel for the petitioner drew the attention to the GO No.SWD 713 SAD93, dated 11.03.2002, which reads as follows;-
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:
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i) Enquiries pending before the various Departments Verification Committee, Appellate authorities, CRE cell and other authorities stands abated or dropped.
ii) Action shall be taken to withdraw the cases filed before any court.
iii) Suspension orders if any in such cases stands revoked.
iv) Pensionary benefits that are withheld shall be released.
3. x x x x x x
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, Raigond, Kolidhor and Tokrikoli) shall be treated as appointments under GM category w.e.f the date of this order. They shall not be eligible 5 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." It is clearly stated in the Government Order that enquiries pending before the various departments etc., shall stand abated or dropped and action shall be taken to withdraw the cases filed before any Court etc.
5. This Court in the following cases has held that in such a situation, proceedings pending before the Criminal Courts are required to be quashed.
i) Crl.P No.9040/2009 dated 04.08.2009.
ii) Crl.P.No.192/2011 C/w Crl.P.No.336/2011 dated 5.4.2011.
iii) W.P.No.14600/2008 dated 01.06.2012.
6. Hence, in view of the above notification and the aforesaid decided rulings of this Court the present FIR registered against the petitioner is liable to be quashed. 6 Accordingly, the proceedings in Crime No.40/2002 of Bhalki Town police station registered for the aforesaid offences are hereby quashed.
Sd/-
JUDGE msr