IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4344 OF 2012 BETWEEN:
K.R. VASUDEVA RAJU SON OF RANGARAJU AGED ABOUT 50 YEARS FORMER SHERESTEDAR OFFICE OF TAHASILDAR KORATAGERE ... PETITIONER (BY SHRI. ASWATHANARAYANA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA BY POLICE INSPECTOR OF KORATAGERE P.S ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.189/2009 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., KORATAGERE.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Aswathanarayana Reddy, learned advocate for the petitioner and Shri Nasrulla Khan, learned HCGP for the State.
2. Petitioner was working as a Shirestedar in the office of Tahsildar, Koratagere. FIR No.185/2004 was registered on 04.09.2004 by one Hanumanthaiah alleging that a false Caste Certificate was issued in favour of one K.B. Lokesh by the Jurisdictional Tahsildar and his office on 05.11.2003. Police, after investigation have filed charge sheet against six accused persons and petitioner herein is accused No.3.
3. Learned advocate for the petitioner submits that this Court in Crl.P.No.2783/2008 decided on 10.06.2009 has quashed proceedings against the Tahsildar (accused No.2). It is submitted that there are no specific allegations against the petitioner in the complaint. Accordingly, he prays that the proceedings against the petitioner may be quashed.
4. Shri Nasrulla Khan, learned HCGP argued in support of the charge sheet.
5. I have carefully considered rival submissions and perused the records.
6. In the complaint, it is stated that on 05.11.2013, a false Caste Certificate was obtained by one K.B. Lokesh, which has been issued by the Tahsildar and her staff and there is no specific allegations against the petitioner in the complaint.
7. This Court in CRL.P.No.2783/2008 has recorded as follows:
“4. A tahsildar in exercise of his official duty, based on the information furnished the person who applies for the certificate and on the basis of the reports submitted by his/her subordinates, might have issued such a caste certificate. When the petitioner-accused, who was working as tahsildar at the relevant point of time, issued such a caste certificate and when it was noticed that the information furnished was incorrect, action was taken to cancel it. The petitioner- accused in discharge of his official function has acted without any motive and when the mistake is noticed action is initiated. In the circumstance, I do not find a case to initiate criminal proceedings against the tahasildar. A departmental enquiry is being initiated against the petitioner-accused and the said domestic enquiry would be sufficient to take appropriate action against the petitioner-accused, if there was any irregularity in the issue of caste certificate by the petitioner-accused. When the government has moved against the petitioner-accused by initiating such a domestic enquiry, there is no need to initiate a criminal proceedings against her that too on the basis of a complaint filed by a third person.”
8. Petitioner was working as a Shirestedar and not a field officer. As recorded by this Court in the aforementioned order, action has already been taken with regard to the alleged false caste certificate. Since, there are no specific overt-acts alleged against the petitioner and this Court has quashed the proceedings against the Tahsildar, no useful purpose would be served by continuing criminal proceedings against the petitioner.
9. Resultantly, this petition merits consideration and it is accordingly allowed. The proceedings in C.C.NO.189/2009 pending on the file of JMFC, Koratagere, are quashed.
No costs.
Sd/- JUDGE AV