Karnataka High Court
The State Through vs Prakash S/O Manik Rao Janwaddkar on 29 March, 2016
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF MARCH, 2016
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL REV.PETITION NO.200036/2015
BETWEEN:
THE STATE THROUGH
MARKET POLICE STATION, BIDAR
BY ADDL. PUBLIC PROSECUTOR
... PETITIONER
(BY SRI MAQBOOL AHMED, HCGP)
AND
PRAKASH
S/O MANIK RAO JANWADDKAR
AGE: 60 YEARS
OCC: DEVELOPMENT OFFICER,
R/O JANAWADA,
NOW R/O VIDYA NAGAR COLONY
BIDAR ... RESPONDENT
(BY SRI. RAVI SHANKAR S.K. ADV.)
THIS CRL.RP IS FILED U/S. 397 OF CR.P.C. PRAYING
TO CALL FOR THE RECORDS FROM THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE BIDAR, IN CRL. R.P.
NO.49/2014 SET ASIDE THE ORDER PASSED BY THE
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ADDL. SESSIONS JUDGE AT BIDAR IN CRL. REVISION
PETITION NO.49/2014 DATED 25.11.2014.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The state has preferred this revision petition calling in question the order passed by the Additional District and Sessions Judge, Bidar, in Criminal Revision Petition No.49/2014 dated 25.11.2014 discharging the accused (respondent herein) for the offences punishable under Sections 198, 402 and 201 of IPC.
2. The facts that emanate from the records are that, the accused (Respondent herein) were chargesheeted by the Market Police, Bidar, for the above said offences on the allegations that, the accused was appointed as a Supervisor in Karnataka Khadi and Gramodhyog Mandali in the year 1974-75. While getting such appointment, he has submitted a false caste certificate stating that he belongs to the scheduled Caste. In fact, he belongs to Brahmin community. The accused has suppressed his caste during 3 the tenure of his office and thereby he cheated the Government and caused damage to the State Exchequer also and the accused has snatched away the opportunity of some other person to hold that post, who belonged to Scheduled caste. It is the further case of the petitioner-State that, accused had never obtained the caste certificate from the Tahsildar, Bidar, in that year and he is not entitled for any appointment under the Reservation Quota, etc.
3. After filing of the charge sheet, it appears the accused made an application under section 239 of Cr.P.C. seeking for his discharge. After hearing the learned Assistant Public Prosecutor and the counsel for the accused, the trial Court, in fact, has dismissed the said application and thereby refused to discharge the accused.
4. The learned JMFC in C.C. No.321/2011 has made an observation that the facts are to be proved during the course of the trial as to whether the accused has actually committed the alleged offences or not and he has used any certificate for the purpose of cheating the Government knowing fully well that the said certificate is a false one. 4
5. Being aggrieved by the said order of the learned Magistrate, the accused has preferred a revision petition before the Sessions Court in Criminal R.P. No.49/2014. The learned Additional District and Sessions Judge, Bidar, on facts and after going through the entire charge sheet, has made an observation that CWs. 7 & 8, who are the key witnesses, have stated that the accused has applied for the post of Supervisor under Scheduled Caste category by furnishing the caste certificate that he belonged to Hindu Holeya and as such, he was appointed as Supervisor under that category. But, the Sessions Judge has observed that in order to support this aspect, the prosecution has not produced the original application for the post applied by the accused and the false and forged caste certificate alleged to have been produced by him at the time of seeking appointment. Therefore, when the key documents are not available with the authority or with the police, there is no material to show that the accused has applied for the post of Supervisor claiming reservation under the Scheduled Caste category. By making such an observation, the revisional 5 Court has discharged the accused (respondent herein) for want of sufficient material.
6. Apart from the above, the legal point which is involved in this case, has neither been considered by the trial Court nor by the revisional Court. In fact, this Court has dealt with many cases wherein the Civil Rights Enforcement Cell has investigated the cases pertaining to allegations of using false and take Caste Certificates to secure job, and filed the charge sheets for similar offences. In one of such cases viz., Criminal Petition No.15335/2013 between Smt. Jayshree, w/o. Sri. Marularaghya Vs. The State, this Court has exhaustively considered the rules pertaining to the Scheduled Castes and Scheduled Tribes, which is styled as Karnataka Scheduled Castes, Scheduled Tribes and other Backward Class (Reservation for Appointment, etc.) (Amendment) Rules 1993. Specifically, considering Rule 7 and 7-A of the said Rules, this Court has observed that the jurisdiction to declare that the caste certificate is invalid or the caste certificate is forged or obtained in an illegal manner, vests with the 6 District Level Caste Verification Committee and the said Committee, as per the said Rules, has to investigate into the matter and thereafter if the Committee finds that there is any violation of any law for the time being in force for obtaining the Caste Certificate by the accused, by means of giving such finding, the District Level Caste Verification Committee can direct the Directorate of Civil Enforcement Cell for registration of crime and also for investigation and then to submit the charge sheet before the competent Court. In this particular case, no such procedure has been followed by the Market Police. Though the charge sheet has been laid much after coming into force of the above said rules, the local police appears to have not been looked into the provisions under the above said rules, but they have initiated the proceedings under the Indian Penal Code. Even for registration of the case under IPC, particularly under Sections 198 and 420 of IPC, the allegations made therein are that the caste certificate obtained by the accused is in valid and by means of giving false information such certificate was obtained and the same has been utilized for 7 the purpose of cheating the Government. When such allegations are there, firstly, the District Level Caste Verification Committee has to give a finding with regard to such factual aspects and then the committee can direct the Directorate of Civil Enforcement Cell to register the case and to file the charge sheet. In that line also, the charge sheet laid by the police is not maintainable.
7. Be that as it may. Discharge of the accused is not an end to the case. Further, it enables the prosecuting authority to correct its mistake and to file charge sheet afresh, if need be, after following all the procedural aspects, which are enunciated under the relevant Act and Rules. Therefore, mere discharge of the accused in this case does not completely shut-down the opportunity to the prosecution to prosecute the accused. Therefore, I am of the opinion that the order passed by the learned Sessions Judge in no way call for any interference. Even otherwise also, the charge sheet filed by the police is not legally maintainable. Hence, the following order is passed:
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ORDER The petition is dismissed. However, liberty is given to the Prosecuting Agency to follow all the procedures contemplated under the provisions of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Class (Reservation for Appointment, etc.) (Amendment) Rules 1993, and also if any additional material is to be collected, after collecting the materials, they may file fresh charge sheet, if law permits.
Sd/-
JUDGE KGR*