Karnataka High Court
Sanjeevakumar S/O Basawaraj Nelogi vs The State And Anr on 11 February, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION No.200645/2015
Between:
Sanjeevakumar S/o Basawaraj Nelogi
Age: 38 years, Occ: Doctor
R/o H.No.2/379, Kalaburagi
...Petitioner
(By Sri Shivanand Patil, Advocate)
And:
1. The State Through
Brahmpur Police Station
Kalaburagi- 585 101
2. The State Through PSI
Dist. Civil Rights Enforcement Cell
Kalaburagi- 585 102
...Respondents
(By Sri Maqbool Ahmed, HCGP for R1;
R2 - served but unrepresented)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to allow the petition and quash the entire
criminal proceedings against the petitioner in
C.C.No.3707/2014 of Brahmapur Police Station pending
before IV-Additional J.M.F.C. Judge Kalaburagi as per
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Annexure-B, to this petition, and also grant such other
reliefs as this Court deems fit.
This Criminal Petition coming on for Admission this
day, the Court made the following:
ORDER
Petitioner has sought for quashing of criminal proceedings registered against him in C.C.No.3707/2014 by Brahmapur Police Station, Gulbarga, for the offences punishable under Sections 420 and 471 of IPC.
2. I have heard the arguments of Sri Shivanand Patil, learned Advocate appearing for petitioner and Sri Maqbool Ahmed, learned High Court Government Pleader appearing for respondent No.1-State. Since respondent No.2 is served and unrepresented, learned High Court Government Pleader has assisted the Court in disposing of the matter.
3. Sum and substance of the case of prosecution is that Police Inspector of Directorate, Civil Rights 3 Enforcement Cell, Gulbarga, has filed a complaint alleging that Caste Verification Committee had referred the application of petitioner to Civil Rights Enforcement Cell to ascertain petitioner's caste and on verification and investigation, it was concluded by said committee that petitioner belonged to Jangama caste which was verified from his school records and it has been indicated as 'Hindu', 'Hindu Lingayat', 'Beda Jangama' at different levels of his study. It was further alleged that petitioner had availed a caste certificate from the Tahsildar, Gulbarga, on 21.07.1991 and said Tahsildar had denied issuance of such certificate and as such, complainant alleged that petitioner had obtained false caste certificate by proclaiming himself as belonging to 'Beda Jangama-Scheduled Caste', and based on said caste certificate he had obtained seat in M.R. Medical College and completed his MBBS course and thereby he has cheated the government.
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4. It is the contention of Sri Shivanand Patil, learned Advocate appearing for petitioner that second respondent has acted in excess of his jurisdiction and complainant had no authority to lodge a complaint and initiate criminal proceedings against petitioner is premature and in gross violation of orders of Hon'ble Apex Court and this Court. He would submit that matter relating to the caste of petitioner was pending before District Caste Verification Committee and file has been closed in view of circulars issued by the government and as such, proceedings initiated against petitioner is bad in law.
5. Per contra, Sri Maqbool Ahmed, learned High Court Government Pleader assisting the Court would contend that proceedings against petitioner having been initiated on account of a false and fabricated caste certificate being furnished by the petitioner has now culminated in prosecution being initiated against 5 petitioner and it is at the stage of trial being commenced and as such, he would submit that proceeding is not required to be quashed at this juncture.
6. Having heard the learned Advocates appearing for parties and on perusal of records, it would indicate that Police Sub-Inspector, District Civil Rights Enforcement Cell-second respondent lodged a complaint before Station House Officer, Brahmapur Police Station on 04.03.1997 stating that as per school and college records relating to petitioner his caste is indicated as 'Hindu', 'Hindu Lingayat' and in his 8th standard school records of "Sri Sharanabasaveshwar Mahavidyalaya"
petitioner's caste has been indicated as 'Beda Jangama' and in the Pre-University college records it is indicated as 'Hindu Lingayat'. It is also alleged that petitioner's brother caste is indicated in the records as 'Hindu' and investigation revealed that brother of petitioner belongs to 'Jangama caste'. On these grounds, it was alleged by 6 the Police Sub-Inspector - second respondent that petitioner had obtained a false caste certificate and Tahsildar, Gulbarga had also intimated that no such certificate had been issued and as such, criminal prosecution be initiated against petitioner for having obtained false caste certificate and obtained benefit of it. Based on the said complaint, investigation was taken up and charge sheet came to be filed against petitioner for the offences punishable under Sections 420 and 471 of IPC. At this juncture, it requires to be noticed that District Caste Verification Committee had also taken up investigation of the caste certificate issued to the petitioner and by virtue of the Government Circular No.47/S.A.D./5/Bangalore dated 30.06.2007 indicating thereunder that if any caste certificates had been obtained prior to 1993 and subsequently, if any dispute had arisen with regard to such caste certificate, District Caste Verification Committee had no jurisdiction to decide the same. This resulted in closure of 7 proceedings relating to petitioner's caste certificate being examined by said committee. There is no dispute with regard to the fact that caste certificate of petitioner was under scrutiny by District Caste Verification Committee and as on date it stands closed.
7. Be that as it may, on the basis of the complaint lodged by second respondent, jurisdictional police have investigated and filed charge sheet as already notice hereinabove. Similar issue relating to as to whether prosecution can be continued against such persons had came up for consideration before the Co-ordinate bench of this Court in Criminal Petition No.15335/2013. This Court after having considered various facets involved in the issue in question held that without there being any direction from the District Verification Committee independently, Directorate of Civil Rights Enforcement would have no jurisdiction to directly investigate into the matter or file any charge sheet to the Court when 8 the procedure as contemplated under the Rules are not followed. It has been held that only after enquiry under Rule 7 of Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) (Amendment) Rules, 1993, is held by competent District Caste Verification Committee or the appellate authority then it will have to send report to the Directorate of Civil Rights Enforcement and only thereafter said cell can take steps to prosecute the persons who had falsely obtained certificate. In other words, it has been opined by the Co-ordinate Bench of this Court that until and unless such report is forwarded by the District Caste Verification Committee to District Civil Rights Enforcement Cell, it would not have jurisdiction to initiate prosecution against persons who would have obtained false caste certificate. It is not in dispute that in the instant case second respondent had suo-motto lodged a complaint before jurisdictional police-respondent No.1 against petitioner 9 on 04.03.1997 alleging that petitioner had obtained a false caste certificate by declaring himself as belonging to "Beda Jangama" though he belonged to "Lingayat" caste. Said complaint came to be registered in Crime No.54/1997 by respondent No.1 against petitioner for the offences punishable under Sections 420 and 471 of IPC. After investigation, charge sheet has also been filed before IV-Additional JMFC, Kalaburagi, in C.C.No.3707/2014 and trial is yet to commence. It is also not in dispute that District Caste Verification Committee has not forwarded any report to District Civil Rights Enforcement Cell. Hence, this Court if of the considered view that dicta laid down by this Court is squarely applicable to the facts on hand. Hence, prosecution cannot be proceed with against petitioner.
8. Yet another fact which also came to be considered by Co-ordinate Bench was whether all proceedings relating to false caste certificate would 10 come to an end or not was held in the negative. It was held in Criminal Petition No.15335/2013 by order dated 30.03.2015 that where closure reports have been filed by the District Caste Verification Committee based on the circular issued by the appropriate Government, same has to be re-opened and investigated by such committees after affording an opportunity to the concerned person. As such, quashing of proceedings would not come in the way of District Caste Verification Committee to re-open the case, issue notice to the petitioner, investigate the matter and forward a report to the District Civil Rights Enforcement Cell for taking further action in the matter. It is needless to state that in the event of District Caste Verification Committee were to forward a report by recording a finding against petitioner, second respondent-cell would be at liberty to proceed against petitioner in accordance with law by launching criminal prosecution.
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Hence, for the reasons indicated hereinabove, I proceed to pass the following:
ORDER i. Criminal Petition is hereby allowed; ii. Proceedings in C.C.No.3707/2014 pending on the file of IV-Additional JMFC Court, Kalaburagi, at Annexure-B is hereby quashed.
iii. Quashing of proceeding would not come in the way of District Caste Verification Committee initiating proceedings as observed hereinabove and on conclusion of such enquiry and in the event of forwarding a report to the District Civil Rights Enforcement Cell (Second respondent), said authority would be at liberty to proceed in accordance with law as observed hereinabove;
Sd/-
JUDGE NB*