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The State Through vs Prakash S/O Manik Rao Janwaddkar on 29 March, 2016 cites

K.N. Marularadhya vs The Mysore State on 3 February, 1969

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.
Karnataka High Court Cites 58 - Cited by 6 - Full Document
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