Karnataka High Court
Basavaraj @ Somanna Rampur vs The State Of Karnataka on 9 October, 2023
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NC: 2023:KHC-K:8081
CRL.P No. 200199 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 200199 OF 2019 (482)
BETWEEN:
BASAVARAJ @ SOMANNA RAMPUR
AGE:64 YEARS, OCC:RETIRED HEAD CONSTABLE
NO.693
GOGI POLICE STATION,
NOW PRESENT AT:
C/O. BASAMMA RAMPURE,
ADVOCATE, KANAKA NAGAR,
SHAHAPUR-584112.
...PETITIONER
(BY SRI. J. AUGUSTIN, ADVOCATE)
AND:
Digitally signed by
SHILPA R
TENIHALLI 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF THROUGH SHO, SHAHAPUR P.S.
KARNATAKA
PRESENTLY REPRESENTED BY
ADDITIONAL SPP,
HIGH COURT BUILDINGS,
KALABURAGI-585103.
2. WOMEN P.S.I. CRE CELL,
KALABURAGI.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI. C. JAGADISH, SPL COUNSEL FOR R2)
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NC: 2023:KHC-K:8081
CRL.P No. 200199 of 2019
THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO
QUASH THE FIR AND COMPLAINT IN CRIME NO.4/2019 FILED
BY THE RESPONDENT HEREIN AGAINST THIS PETITIONER FOR
THE OFFENCES PUNISHABLE UNDER SECTION .3(1), (IX) OF
THE SC/ST (PREVENTION OF ATROCITY) ACT, 1989 AND
SECTION 198 AND 420 OF IPC FILED BEFORE THE LEARNED
DISTRICT AND SESSIONS JUDGE, YADGIRI.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
11.09.2023, COMING ON FOR PRONOUNCEMENT OF ORDER,
THIS DAY, THIS COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. seeking to quash the entire proceedings of the FIR in Crime No.4/2019 of Shahapur Police Station, Yadgir District for the offence punishable under Sections 198, 420 of the Indian Penal Code, 1860 (for short 'IPC') and under Sections 3(1)(ix) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (for short 'SC/ST (P.A.) Act').
2. For the sake of convenience the parties are referred to as per their ranking before the Trial Court. The -3- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 petitioner is accused and respondent No.1 is - State and respondent No.2 is de-facto complainant.
3. Brief facts of the case are that, the petitioner was appointed as a constable on 03.02.1977 and on 03.03.1994 the petitioner produced the Caste Certificate as Gonda Kuruba which comes under Scheduled Tribe Community and got promoted as Head Constable. Hence, the ADGP Enforcement Directorate, Bengaluru, entrusted to conduct enquiry as to the caste of the petitioner, in turn, the enquiry officer conducted enquiry and submitted his report, and came to know that, the petitioner though belongs to Kuruba Community, he had obtained caste certificate as Schedule Tribe - Gonda Kuruba. Based on such report, the Enforcement Directorate forwarded it to the District Caste verification committee, Yadgir, who in turn, set aside the caste certificate, that was obtained on 03.03.1994 by its order dated 03.11.2018 and thereafter complaint has been filed before the Shahapur Police Station, Yadgir District, hence, case has been registered -4- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 for the aforesaid offences. Aggrieved by the same, the petitioner has filed this petition.
4. Heard learned counsel for petitioner Sri. J Augustin, learned High Court Government Pleader for respondent No.1 - State and learned Special counsel Sri. C Jagadish for respondent No.2.
5. Learned counsel for petitioner submits that, the petitioner is innocent and has not committed any offence as alleged in the complaint; the petitioner has put in service for a period of 38 years who was appointed in the year 1977, as such the provisions of SC/ST Act are not applicable to the facts of the case, as the Government of Karnataka has passed a proceedings on 02.09.1986 vide Government Order No. SWL 170 SAD 81 (P) Bangalore, passed an order where in, it has stated that, no penal action should be taken against the Kuruba Community members for having taken Caste Certificate as Gonda and prosecution if any, launched should be kept under abeyance and there is proposal made by the Government -5- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 to treat Kuruba Community persons of Kalaburagi and Yadgir Districts, as Scheduled Tribes. It is contended that, on 11.03.2002 the Government passed an order to the effect that, the Scheduled Tribe Caste Certificate obtained by Kuruba Community shall be surrender and on cancellation, such person shall not be liable for penal action and the benefits of reservation based on wrong certificate issued by competent authority as Scheduled Tribe and it become final, may not be disturbed, further all enquiry and CRE Cell should be dropped, thus, stand abated and action shall be taken to withdraw the cases before the Court, as such, the Tahasildhar, Shahapur cancelled the Caste Certificate of petitioner on 03.11.2018 i.e. soon after retirement of petitioner. In fact petitioner retired on 31.10.2015.
6. It is further contended that, there is a delay of 38 years in filing the complaint, without there being any plausible explanation for the said delay. Therefore, for the above valid grounds and reasons mentioned supra, it would be futile exercise for the investigating agency, to -6- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 make further investigation, except making the accused/petitioner to suffer the ordeal of facing uncalled trial. As such, this Court indulgence is very much required, to invoke the inherent powers under Section 482 of Cr.P.C., to stop further investigation in Crime No.4/2019 of Shahapur Police Station, Yadgir District and to quash the entire proceedings of the above crime, in the interest of justice and equity.
7. Learned Special Counsel Sri. C Jagadish for respondent No.2 strongly opposed the petition inter-alia contending that, where a candidate obtained an appointment on the basis that, he belongs to a designated caste, tribe or class for whom post is meant and it is found upon verification by the caste verification committee that, such an individual does not belong to designated caste, he cannot be protected by taking recourse to administrative circulars and resolution. He further contended that, the caste certificate of petitioner has been annulled by Dy. Commissioner under Rule 3-C of the Act and the caste certificate issued under section 4A shall be valid, until it is -7- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 cancelled. It is further contended that, there is prima facie case against petitioner / accused that, he belong to Kuruba Community, but he obtained caste certificate as Scheduled Tribe - Gonda. Hence, the burden is on the petitioner. Hence, he prayed to reject the petition. Learned HCGP for respondent No.1 reiterated the contention of learned Special Counsel for respondent No.2.
8. Having heard the learned counsels to the lis, and perused the material on record with reference to the principles of law laid down in the decisions cited supra.
9. Insofar as the factual matrix is concerned, there is no dispute that the petitioner herein belongs to 'Kuruba' Community, and he obtained a caste certificate as he belongs to 'Scheduled Tribe - Gonda Kuruba' Community and promoted as Head Constable at Yadgir District. It is also borne on record that, the caste certificate obtained by the petitioner was later cancelled by the Caste Verification Committee dated 03.11.2018. Under -8- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 the said circumstances, the only question that arises for consideration is:
"Whether the prosecution of the petitioner for the alleged offences punishable under sections 198 and 420 of Indian Penal Code and Section 3 (1)
(ix) of the Act is not sustainable in the eye of law"?
10. It is the case of the prosecution that, the petitioner being a member of Kuruba Community had obtained caste certificate, as if, he belonging to Scheduled Tribe - Gonda Kuruba Community and secured the post of Police Constable.
11. In view of the allegations made against accused, let me analyze the provisions of section 198 and 420 of IPC and Section 3 (1) (ix) of the SC/ST (POA) Act, 1989. The aforesaid provisions are as under;
198. Using as true a certificate known to be false.--Whoever corruptly uses or attempts to use any such certificate as a true -9- NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
420. Cheating and dishonestly inducing delivery of property.--
Whoever cheats and thereby dishonestly induces the person
deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 3. (1) (ix) of the SC/ST (POA) Act, 1989 : Gives, any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 a member of a Scheduled Caste or a Scheduled Tribe.
12. In the light of above proposition of law and the fact and circumstance of the present case, let me analyze, whether those sections are attracted or not. The Government of Karnataka has issued circular dated 11.03.2002, making reservations to particular caste, which is as under;
GOVERNMENT ORDER NO.SWD 713 SAD 93
BENGALURU, DATED:11TH MARCH 2002 In partial modification of Government Orders read at (1) and (2) Government are pleased to order as under:
The benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talwara, Mallcru, 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
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 certificates. The issuing authority shall cancel such certificates.
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 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:
Enquires pending before the various Departments, Verification Committee, Appellate authorities, CRE cell and other authorities stands abated or dropped.
Action shall be taken to withdraw the cases filed before any court.
Suspension orders if any in such cases stands revoked.
Pensionary benefits that are withheld shall be released.
The competent authority to issue caste
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 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.
The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maalcru, Kuruba, Besta and Koli communities who have obtained employment under ST quota ( as Nayaka, Maalcru, 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 as 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.Os read as (1) and (2) above have to be restored.
13. A reading of the above order on the face of it discloses that, it relates to the benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talwara, Maalcru, Kuruba Community. Clause 4 of the aforesaid order provides that the appointments already made in
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 respect of the persons belonging to Pariwara, Talwar, Maalcru, Kuruba, Besta and Koli communities who have obtained employment under Scheduled Tribe quota as Nayaka, Maalcru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli shall be treated as appointments under 'General Merit' category with effect from the date of the said order.
14. In the instant case, undisputedly, the petitioner belongs to 'Kuruba' Community and he obtained caste certificate as he belongs to 'Scheduled Tribe - Gonda Kuruba' Community. The aforesaid order does not extend the exemption to the persons belonging to 'Kuruba' Community who have promoted as Head Constable under Scheduled Tribe quota. Therefore, on factual matrix, the petitioner cannot claim to defend the benefits secured by him on the strength of the aforesaid notification.
15. Even on question of law, the petitioner being a party to the fraud cannot take advantage of his own
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 fraud and seek exemption from criminal prosecution. In State of Maharastra and Others vs. Ravi Prakash Babulalsing Parmar and Another reported in (2007) 1 SCC 80, while considering the implications of the false caste certificates obtained by unscrupulous elements, in para 23 of the judgment, the Hon'ble Supreme Court, it is observed that:-
"The makers of the Constitution laid emphasis on equality amongst citizens. The Constitution of India provides for protective discrimination and reservation so as to enable the disadvantaged group to come on the same platform as that of the forward community. If and when a person takes an undue advantage of the said beneficent provision of the Constitution by obtaining the benefits of reservation and other benefits provided under the Presidential Order although he is not entitled thereto, he not only plays a fraud on the society but in effect and substance plays a fraud on the Constitution. When, therefore, a certificate is granted to a person who is not otherwise entitled thereto, it is entirely
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 incorrect to contend that the State shall be helpless spectator in the matter."
16. In Shoba Lakshmi vs. Divisional Commissioner & Ors (in Spl. Leave to Appeal(Civil) No.138/2013 dated 28.01.2013), the Hon'ble Apex Court in similar situation held that, the petitioner therein secured employment as Assistant, against the vacancy reserved for Scheduled Tribe by producing the caste certificates issued by Tahsildar, Shimoga and Tahsildar, Bengaluru North Taluk. Said certificates were cancelled by the CRE Cell. The petitioner therein, took shelter under the aforesaid order of Government dated 11th March 2002. However, the Hon'ble Supreme Court, in the above decision ratified the view taken by the Division Bench of this Court which reads as under:-
"Be that as it may, there was certain confusion in regard to treating 'Maleru' and 'Maaleru' as Scheduled Tribe. The said fact has been settled stating that 'Maleru' alone belongs to
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 Scheduled Tribe and not 'Maaleru'. A Co-ordinate Bench of this Court in W.A.No.4023/2004 and other connected writ appeals has decided that 'Maaleru' does not belong to Scheduled Tribe and that such candidates cannot claim the benefit of Scheduled Tribe and therefore, the said question is no more resintegra. The judgment relied upon by the learned counsel for the appellant in Union of India vs. H. Ramakrishna is also not helpful to the appellant in view of the subsequent judgment of the Hon'ble Supreme Court which are relied upon by the learned counsel for the appellant. When the order of the State Government cannot be extened to the central Government Employees as ruled by the Hon'ble Supreme Court in Addl. General Manager-Human Resources, Bharat Heavy Electricals Ltd., vs. Suresh Ramkrishna Burde ((2007) 5 SCC 336]. It is clear that the appellant cannot contend that in view of the
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 order of the Government dated 11th March 2002, the appellant's appointment has been saved because the Parliament has not declared 'Maaleru' as Scheduled Tribe to save the appointment of the appellant based on the order of the State of Karnataka. In addition to that, by the order of the State a right vested under Articles 341 and 342 of the Constitution of India cannot be diluted and cannot be taken away."
(underline supplied)
17. The criminal prosecution could be launched against imposters who by posing themselves as members of the caste, tribe or class for whom reservation has been earmarked has been considered by the Hon'ble Supreme Court, in the case of Kumari Madhuri Patil vs. Additional Commissioner, Tribal Development, reported in AIR 1995 SC 1994.
18. In Chairman and Managing Director, FCI and Ors vs. Jagdish Balaram Bahira and Ors. reported in
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 AIR 2017 SC 3271, the Hon'ble Supreme Court has summed up the directions as under:-
"A prosecution should be launched against the candidate or, as the case may be, the parents or guardians responsible for making the false claim. The regime postulated in the judgment of this Court in Madhuri Patil (supra) took effect from 2 September 1994, which was the date of the judgment. Eventually in the State of Maharashtra these directions received legislative recognition upon the enactment of the Maharashtra Act XXIII of 2001 which came into force in the State on 18 October 2001. However, it is important to notice that even before the State Legislature stepped in to confer a statutory form to the directions which were issued by this Court in Madhuri Patil (supra) the regime, as it then obtained prior to the enactment of the law, also envisaged consequences upon a caste or tribe claim being found to be false upon a verification by the Scrutiny
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 Committee. The cancellation of a certificate would, as a necessary consequence, involve the invalidation of the appointment to a post or admission to an educational institution. Where a candidate had been appointed to a reserved post on the basis of the claim that he or she was a member of the group for which the reservation is intended, the invalidation of the claim to belong to that group would, as a necessary consequence, render the appointment void ab initio. The rationale for this is that a candidate who would otherwise have to compete for a post in the general pool of unreserved seats had secured appointment in a more restricted competition confined to the reserved category and usurped a benefit meant for a designated caste, tribe or class. Once it was found that the candidate had obtained admission upon a false representation to belong to the reserved category, the appointment would be vitiated by fraud and would be
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 void ab initio. The falsity of the claim lies in a representation that the candidate belongs to a category of persons for whom the reservation is intended whereas in fact the candidate does not so belong. The reason for depriving the candidate of the benefit which she or he has obtained on the strength of such a claim, is that a person cannot retain the fruits of a false claim on the basis of which a scarce public resource is obtained. The same principle would apply where a candidate secures admission to an educational institution on the basis of a false claim to belong to a reserved category. A candidate who does so causes detriment to a genuine candidate who actually belongs to the reserved category who is deprived of the seat. For that matter a detriment is caused to the entire class of persons for whom reservations are intended, the members of which are excluded as a result of an admission granted to an imposter who does not belong to the class. The
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 withdrawal of benefits, either in terms of the revocation of employment or the termination of an admission was hence a necessary corollary of the invalidation of the claim on the basis of which the appointment or admission was obtained. The withdrawal of the benefit was not based on mens rea or the intent underlying the assertion of a false claim. In the case of a criminal prosecution, intent would be necessary. On the other hand, the withdrawal of civil benefits flowed as a logical result of the invalidation of a claim to belong to a group or category for whom the reservations is intended. This was the position under the regime which prevailed following the decision in Madhuri Patil."
19. Further, in para 53 of the said order, it is observed as under:-
"Administrative circulars and Government resolutions are subservient to legislative mandate and cannot be contrary either to constitutional norms or statutory principles.
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 Where a candidate has obtained an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by taking recourse to administrative circulars or resolutions. Protection of claims of a usurper is an act of deviance to the constitutional scheme as well as to statutory mandate. No government resolution or circular can override constitutional or statutory norms. The principle that government is bound by its own circulars is well-settled but it cannot apply in a situation such as present. Protecting the services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment."
(underling supplied)
20. Lastly, Rule 7-A of The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward (Reservations of Appointment, Etc.,) Rules, 1992 specifically provides for prosecution of the offenders who obtained false caste Certificate. Said Rule reads as under:
7-A. Prosecution for obtaining false caste certificate- (1) The Caste Verification Committee or the Caste and Income Verification Committee, as the case may be and the Divisional Commissioner, shall send a copy of the order rejecting claim of the applicant for grant of Validity Certificate or, as the case may be, a Copy of the order in appeal rejecting such claim, to the Directorate of Civil Rights Enforcement. (2) The Directorate of Civil Rights Enforcement shall take steps to prosecute such claimant who has obtained a false Caste Certificate.
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21. In view of the above legal and factual position, the prosecution of the petitioner for the alleged offences under Section 198 and 420 of IPC and under Sections 3(1)(ix) of SC/ST (P.A.) Act, cannot be faulted with as the allegations made in the complaint prima facie make out the ingredients of the above offences alleged against the petitioner.
22. In the instance case, the petitioner obtained false caste certificate on 03.03.1994, which was cancelled on 03.11.2018, thus, the petitioner not only played a fraud on the society but in effect and substance plays a fraud on the constitution, hence, a certificate is granted to a person who is not otherwise entitled thereto, it is entirely incorrect to contend that, the SC/ST (POA) was not in force. Further more, the petitioner never tried to cancel his caste certificate till a case is registered against him, it shows that, even after introduction of SC/ST (POA) the petitioner ought to have cancelled his caste certificate, thus, under Rule 4-A of SC/ST (POA) Act, the caste certificate issued is valid, until its cancelled.
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23. In the instant case, the petitioner has taken contention that, though petitioner obtained Caste Certificate, as if he belongs to Scheduled Tribe, but, he never used it and never got job on the basis of Scheduled Tribe Caste Certificate. Whereas, as per the prosecution case, the petitioner obtained Caste Certificate, got promoted as Head Constable in Yadgir District and he never cancelled such certificate till the year 2018. Thereby, the petitioner is disputing the question of fact. The disputed question of fact, which cannot be adjudicated upon by this court under Section 482 of Cr.P.C. At this stage, only prima facie case is to be seen. The similar ratio is laid down in case of M/s. Neeharika Infrastructure Pvt. Ltd., V. State of Maharashtra reported in AIR 2021 SC 1918.
24. The Hon'ble Apex Court in case of Rajeev Kourav V. Baisahab and Ors reported in (2020) 3 SCC 317, held that, if a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding.
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25. Further, it is no more res integra that exercise of power under Section 482 of Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge sheet constitutes the ingredients of the offence alleged. If the allegations in the complaint constitute offence under the Atrocities Act, whether the allegations are true or untrue, would have to be decided in the trial. This ratio is held in case of Ramveer Upadhyay and another V. State of Uttar Pradesh and another reported in SLP (Crl.) 2953/2022 dated 20.04.2022.
26. Administrative circulars and Government resolutions are subservient to legislative mandate and cannot be contrary either to constitutional norms or statutory principles. Where a candidate has obtained an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by taking recourse to administrative circulars or resolutions. Protecting the
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment.
27. In the instant case, there is a disputed fact, as to whether petitioner get false Caste Certificate, got job but, fail to cancel it, till the year 2018, under such circumstances, this Court cannot exercise power under 482 of Cr.P.C. and cannot interfere, as it involves disputed question of facts.
28. As a result, there is no justifiable ground to quash the impugned proceedings. Hence, I proceed to pass the following;
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NC: 2023:KHC-K:8081 CRL.P No. 200199 of 2019 ORDER Consequently, the Criminal Petition is dismissed.
Sd/-
JUDGE NE List No.: 1 Sl No.: 27