Karnataka High Court
P Hemalatha W/O Budeppa vs The State Of Karnataka And Anr on 5 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC-K:4919
CRL.P No. 200290 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 200290 OF 2023 (482-)
BETWEEN:
1. P HEMALATHA W/O BUDEPPA
AGE ABOUT 41 YEARS,
OCCU. HOUSEHOLD AND COUNCILLOR,
CITY MUNCIPAL COUNCIL, RAICHUR,
R/O H.NO. 8-4-16 WARD NO. 19,
HARIJANWADA RAICHUR,
TQ AND DIST RAICHUR 584 101
...PETITIONER
(BY SRI. ARUNKUMAR AMARGUNDAPPA,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SADAR BAZAR POLICE STATION,
REP BY ADDL SPP, HIGH COURT OF KARNATAKA
KALABURAGI BENCH DIST KALABURAGI 585 103
Digitally signed by
KHAJAAMEEN L
MALAGHAN
Location: HIGH COURT
2. THE POLICE SUB INSPECTOR
OF KARNATAKA
DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
KALABURAGI IC, YADAGIR DISTRICT 584 201
...RESPONDENTS
(BY SRI SHARANABASAPPA M PATIL, HCGP FOR R1,
SRI C JAGADISH, SPECIAL COUNSEL FOR R2)
THIS CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO ALLOW THE PETITION AND
FURTHER QUASH THE FIR AND COMPLAINT REGISTERED IN
CRIME NO. 35/2023 (SPL. A) FIR NO.28/2023), BY THE
RESPONDENT NO.1 SADAR BAZAR POLICE STATION, PENDING
-2-
NC: 2023:KHC-K:4919
CRL.P No. 200290 of 2023
ON TH FILE OF ADDL. DIST. AND SESSIONS JUDGE, AT
RAICHUR, BASED ON THE INFORMATION GIVEN BY THE
RESPONDENT NO.2 FOR THE COMMISSION OF ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 196, 198, 420 OF
IPC, 3 (1)(Q) SC/ST (POA) ACT, 1989, (AMENDMENT 2015)
AND 5 (A), 5(B) SC/ST AND OBC (RESERVATION OF
APPOINTMENTS, ETC.) ACT 1990, IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - accused No.1 was issued with a certificate certifying that, she belongs to Madiga community, which is classified as scheduled community, and on the basis of the said caste certificate, she contested in the election to the post of Councilor, CMC, Raichur, and was declared as successful candidate. On a complaint lodged by the third party, the Civil Rights Enforcement Committee conducted an enquiry, and submitted a report that, the petitioner - accused No.1 belongs to Madiga caste. The validity of the report was examined by the District Caste Verification Committee, and after hearing the petitioner - accused No.1, passed an order canceling the caste certificate holding that, she does not belong to Madiga caste. Based on the order passed by the District Caste Verification Committee, the respondent No.2 lodged the FIR for the offence punishable under Section 3(1)(q) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The registration of FIR is impugned in this petition.
2. Heard the learned counsel for the parties.
-3-NC: 2023:KHC-K:4919 CRL.P No. 200290 of 2023
3. The order passed by the District Caste Verification Committee canceling the caste certificate issued in favour of the petitioner - accused No.1 is impugned before this Court in WP No.200992/2023, and this Court by order dated 16.3.2023 has stayed the operation of the order passed by the District Caste Verification Committee. The validity of the order passed by the District Caste Verification Committee is pending consideration before this Court. Hence, it will be an abuse of process of law if the petitioner is subjected to investigation. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned FIR in Crime No.35/2023 registered by the Sadar Bazar Police Station, District Raichur, insofar as it relates to the petitioner - accused No.1 is hereby quashed.
ii) Liberty is reserved with the respondent No.2 to take appropriate action against the petitioner - accused No.1 in accordance with law subject to outcome of WP No.200992/2023 pending before this Court.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 57