THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.3572 OF 2019 (GM-RES) BETWEEN SRI S. KIRAN KUMAR S/O LATE N. K. SATHYANARAYANA, AGED ABOUT 40 YEARS, CHAIRMAN, BETHAMANGALA GRAM PANCHAYATH, BETHAMANGALA, KGF TALUK, KOLAR DISTRICT-563116 (BY SRI. RAGUPATHY K., ADV.) AND 1. THE STATE OF KARNATAKA ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DEPUTY SUPERINDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL, KOLAR DIVISION, KOLAR-563101 3. THE POLICE INSPECTOR DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT CELL, KOLAR DIVISION, K.G.F-563101 4. THE STATION HOUSE OFFICER BANGARPET POLICE STATION, BANGARPET CIRCLE, K.G.F. DIVISION, BANGARPET, KOLAR-563101 (BY SRI. S. CHANDRASHEKARAIAH, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH THE F.I.R. DATED 18/01/2019 REGISTERED BY THE 4TH RESPONDENT IN CRIME NO. 0008/2019 PRODUCED AS ANNEXURE-'A'.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
Order By consent of the learned advocates appearing for the parties, petition is taken up for final disposal. Hence petition is admitted and heard.
2. Petitioner has called in question FIR dated 18.01.2019 registered by 4th respondent in Crime No.0008/2019, Annexure-A, for the offence punishable under Sections 197, 198, 420 of IPC, 1860 r/w Section 319 of SC and ST (Prevention of Atrocities) Act, 1989, on the ground that on 20.12.2014 petitioner had obtained caste certificate declaring his caste falsely and District Caste Verification Committee, by order dated 05.12.2018, had set aside the said certificate issued in favour of the petitioner.
3. It is the contention of Sri. K. Raghupathy, learned counsel appearing for the petitioner, that FIR in question has been registered based on the complaint submitted by the 3rd respondent dated 18.01.2019, Annexure-W, whereunder it is stated that in the light of the order passed by the District Caste Verification Committee on 05.12.2018, caste certificate issued in favour of the petitioner had been cancelled and as such has requested the 4th respondent to register a criminal case against the petitioner. He would draw the attention of the Court to the order dated 24.01.2019 passed in Writ Petition No.885/2019 (GM CC) by the Coordinate Bench whereunder order dated 05.12.2018 passed by District Caste Verification Committee has been quashed. Hence, he prays for allowing the petition and quashing the proceedings referred against the petitioner.
4. Per contra learned HCGP would support the proceedings initiated against petitioner and contends that based on a false declaration made, a caste declaration had been obtained on 20.12.2014 by the petitioner and as such petitioner is required to be proceeded against and prays for dismissal of the petition.
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.
6. Hence the following:
Order 1. Writ petition is hereby allowed.
2. FIR registered by 4th respondent in Crime No.0008/2019 dated 18.01.2019, Annexure-A, is hereby quashed.
3. However, in the event of the order of the District Caste Verification Committee dated 05.12.2018 being upheld or any order passed by the competent authority in that regard, it is needless to state that the 3rd respondent would be at liberty to proceed against the petitioner by filing a fresh complaint, if so advised, and proceed in accordance with law.
4. Ordered accordingly.
Learned government advocate is permitted to file memo of appearance within four weeks from today.
SD/- JUDGE RD