IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO.7973 OF 2019 BETWEEN:
Mr. JANARDHAN S S/O S. SOUNDAR RAJAN AGED ABOUT 42 YEARS R/AT. No.41, 2ND CROSS, 1ST MAIN VINAYAKANAGAR AUDUGODI POST, BANGALORE-560030. (BY SRI. KASHINATH J.D. ADV.) AND:
1. STATE OF KARNATAKA BY HALSUR GATE POLICE BANGALORE REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001.
2. SUPERINTENDENT OF POLICE … PETITIONER DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT BANGALORE CENTRAL NO.1 TECHNICAL EDUCATION BUILDING PALACE ROAD, BANGALORE-560001.
… RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1 SRI. C. JAGADISH, ADV., FOR R2 (VK NOT FILED)) - - -
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR and complaint registered in Cr.No.136/2019 for the offence P/U/S 198, 196, 420 of IPC as per Annexure-A and B pending on the file of I Addl. C.M.M., Nrupathunga Road, Bengaluru city as abuse of process of law.
This Petition coming on for Admission this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the respondent No.2.
2. The case of the petitioner is that he belongs to Soliga community which is notified as Scheduled Caste community by the Government of India under the presidential notification issued under Article 342 of the Constitution of India. That the petitioner is the only literate person in the family and that none others have acquired any skill of proficiency and are all illiterates and that his father only knows how to sign in English and Kannada.
3. It is also the case that in the year 1986, the jurisdiction Tahsildar had issued the caste certificate. That, the petitioner had his earlier education in Nirmala Primary School and in the school records, the petitioner’s community is described as Soliga community. That subsequently he came to be appointed by way of absorption. That the petitioner has not availed off any benefits of reservation in appointment and that being so, a complaint was received by his employer and his employer requested for verification of the genuineness of the certificate. Upon verification, the authorities concluded that the petitioner does not belong to the Soliga community. Accordingly, an order came to be passed by the District Caste Verification Committee annulling the certificate. Pursuant to the same, the respondents set in motion the criminal law. In the interregnum, it is submitted that the petitioner preferred a writ petition before this Court in W.P.No.46220/2019 and this Court, by order dated 14.10.2019 was pleased to allow the writ petition and quashed the order and further remanded the case back to the District Caste Verification Committee for consideration in accordance with law.
3. The learned counsel for the petitioner submits that in the instant background of the case, the continuance of the prosecution is impermissible as the basis has been removed and that the said issue has been decided by this Court and the view expressed by the Court has attained finality. He would place reliance on a ruling of the co-ordinate Bench rendered in W.P.No.3572/2019, disposed of by an order dated 06.02.2019. In similar circumstances, this Court has been pleased to allow the petition and quash the proceedings and while so allowing the petition, the Court has been pleased to observe at paragraph 5 as under:
“5. Having heard the learned advocates appearing for the parties and on bestowing my anxious consideration to the rival contentions raised at the Bar and also on perusal of the entire case papers, it would clearly emerge there from that impugned FIR which has been registered against petitioner for the offences aforestated which is on the basis of complaint lodged by the 3rd respondent with 4th respondent dated 18.01.2019, Annexure-W. At paragraph 2 of the said complaint, it has been alleged that caste certificate dated 20.12.2014 obtained by the petitioner has been set aside by the District Caste Verification Committee on 05.12.2018. However, fact remains that order of the District Caste Verification Committee had been questioned by petitioner before this Court in W.P.No.855/2019 and coordinate Bench has quashed order dated 05.12.2018 passed by the District Caste Verification Committee by reserving liberty to the respondents therein to take action against the petitioner, if so advised, in accordance with law. In view of the fact that reasons for launching prosecution against petitioner is based on order dated 05.12.2018 passed by District Caste Verification Committee having been set aside or in other words the very foundation on which FIR came to be registered, having been quashed by this court, continuation of criminal proceedings against petitioner would definitely be an abuse of process of law. In that view of the matter, proceedings initiated against the petitioner cannot be continued.”
4. This Court is in agreement with the view expressed by the co-ordinate Bench. The earlier view of this Court squarely applies to the instant facts also.
Hence, the petitioner is entitled to be succeeded. Accordingly, the following:
ORDER The writ petition is allowed.
FIR registered in Crime No.136/2019 on 24.07.2019 by the 1st respondent – police station is hereby quashed.
However, it is clarified that the quashing of the FIR will not come in the way of the respondents to initiate proceedings in the event the District Caste Verification Committee renders a finding that the petitioner does not belong to the Soliga community and that the earlier certificate has been wrongly obtained.
Ordered accordingly.
Sd/- JUDGE RV