IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3078 OF 2016 BETWEEN:
MANCHA NAIKA K S/O KALANAIKA, AGED ABOUT 61 YEARS, R/O:GAVADAGERE VILLAGE, HUNSUR TALUK-571105.
MYSORE DISTRICT. ... PETITIONER (BY SRIYUTHS SAGAR B.B., FOR SATISH M.DODDAMANI, ADVOCATES) AND 1. THE STATE BY HUNSUR POLICE STATION HUNSUR CIRCLE-571105, MYSORE DISTRICT.
2. THE CIVIL RIGHTS ENFORCEMENT CELL REPRESENTED BY SP, MYSURU.
(AS PER ORAL DIRECTION OF THE HON’BLE COURT ON 26.08.2016) ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED AS AGAINST THE PETITIONER BY THE RESPONDENT HUNSUR TOWN POLICE IN CR. NO.174/2015 DATED 22.08.2015 FOR OFFENCES ALLEGED U/S 177,197,198,199,420 OF IPC AND SEC.3(1)(9) OF SC/ST (POA) ACT, 1989 ON THE FILE OF THE VI ADDL. DIST. AND S.J., MYSORE DIST. VIDE ANNEXURE-D.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and learned Additional SPP for respondent. Perused the records.
2. Criminal prosecution is launched against the petitioner based on the orders of the District Caste Verification Committee, Mysore District, whereby the caste certificate issued to the petitioner declaring him as belonging to Schedule Tribe was cancelled.
3. Learned counsel for the petitioner has produced the certified copy of the order passed by the Appellate Authority viz. the Director, Tribal Welfare Department, Bengaluru in Appeal No.CR 9/2017-18 dated 2.6.2018 whereby the order dated 18.12.2014 bearing No.Ji Sa Ka A/D6/Sindutva/CR/6/2014-15 passed by the District Caste Verification Committee Mysore District is set aside and the matter is remitted back to the District Caste Verification Committee to constitute a committee strictly in accordance with Section 4 of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 in accordance with law.
4. It is stated that the proceedings are now pending before the District Caste Verification Committee. In view of these facts, the very basis for the prosecution of the petitioner having been taken away, the prosecution launched against the petitioners cannot be continued and hence reserving liberty to the respondents to take appropriate action subject to the final decision of the competent authorities under the above Act, the petition is allowed. FIR in Crime No.174/2015 and further proceedings arising therefrom are quashed.
Sd/- JUDGE rs