IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR Criminal Petition No.3630 OF 2018 BETWEEN:
SMT.MANGALAMBIKE, W/O BASAVARAJU, AGED ABOUT 45 YEARS, OCC: GOVERNMENT SCHOOL TEACHER, R/O 345, CHANNAKESH NILAYA, T.DASARAHALLI, BANGALORE.
... PETITIONER (BY SRI.PRAVEEN KUMAR RAIKOTE, ADV.) AND:
1. THE STATE OF KARNATAKA, BY ITS POLICE INSPECTOR, NELAMANGALA TOWN POLICE STATION, BANGALORE RURAL, NELAMANGALA.
BY S.P.P., HIGH COURT BUILDINGS BANGALORE.
2. THE DY. SP OF POLICE, CRE CELL, BANGALORE.
2ND FLOOR, CAUVERY BHAVAN, BENGALURU – 9.
... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R1; SRI. C.JAGADEESH, ADV., FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT IN CR.NO.205/2014 ON THE FILE OF NELAMANGALA TOWN POLICE, NELAMANGALA, BENGALURU RURAL (SPL.C.NO.198/2018 ON THE FILE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL) VIDE ANNEXURE – C DATED 16.08.2014.
THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri.C.Jagadeesh, learned counsel accepts notice for respondent No.2. He is permitted to file memo of appearance within four weeks from today.
2. Heard Sri.Praveen Kumar Raikote, learned counsel appearing for petitioner, Sri. S.Rachaiah, learned High Court Government Pleader appearing for State and Sri.Jagadeesh, learned counsel appearing for respondent No.2 and perused the records.
3. Petitioner herein has been facing prosecution in Spl.Case No.198/2018, pending on the file of II Additional District and Sessions Judge, Bengaluru Rural, which proceedings came to be initiated at the instance of second respondent for the offence punishable under Section 3(1)(9) of SC and ST (Prevention of Atrocities) Act and Sections 466, 177, 181, 199, 120B, 201, 419, 420, 465, 467, 468, 471 and 472 of IPC.
4. Petitioner claiming to be belonging to Schedule Caste, has produced her caste certificate which disclose that she is ‘Adi Karnataka’ and had joined employment in a Government School. The District Caste Verification Committee, on request of Deputy Director, Education Department, took up the proceedings and passed an order canceling caste certificate issued to her by order dated 07.07.2014.
Cancellation order dated 07.07.2014 passed by District Caste Verification Committee came to be challenged by petitioner in WP No.51682/2014 and Co-ordinate Bench by order dated 22.02.2019 allowed writ petition and then quashed said impugned order and remitted the matter back to District Caste Verification Committee for fresh consideration, with a direction to follow procedure contemplated under Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.,) Act, 1990 and Rules 1992, with a further direction to pass reasoned order strictly in accordance with law.
5. Prosecution in question has been initiated on the basis of order dated 07.07.2014, which is referred to herein supra and which is admittedly quashed by Co-ordinate Bench of this Court in W.P.No.51682/2014 on 22.02.2019. In that view of the matter, prosecution initiated against petitioner cannot be sustained for the present. Accordingly, I proceed to pass following:
ORDER (i) Criminal Petition is allowed.
(ii) Special Case No.198/2018 on the file of Principal District and Sessions Judge, Bengaluru Rural arising out of (Cr.No.205/2014) registered by Nelamangala Town Police, vide Annexure-C is hereby quashed.
(iii) However, second respondent is at liberty to file fresh complaint or initiate fresh proceedings against petitioner in the event of fresh order being passed by District Caste Verification Committee, Bengaluru against petitioner.
SD/- JUDGE GH