IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS CRIMINAL PETITION NO.8094/2016 Between:
Sri. Vasudev, S/o Kolluraiah, Aged about 63 years, Retired Deputy General Manager, Presently residing at No.403, Urvarshi C.H.S.Ltd., Sundernagar, Road No.2, Kalina, Santhacruz (East), Mumbai – 400 098.
(By Sri. Jayakara Shetty H., Advocate) And:
1. State of Karnataka by Sagar Town police station, Sagar – 577 401.
... Petitioner 2. The Additional General of Police, Directorate of Civil Rights Enforcement, Technical Education Building, Bengaluru.
(Amendment carried out as per Order dated 14.08.2019) ... Respondents (By Sri. Mahesh Shetty, HCGP for R1;
Sri. C. Jagadish, Spl. Govt. Advocate for R2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 03.08.2016 made in Crl.A.No.10006/2016 by the V Addl. Dist. And S.J., Shivamogga sitting at Sagar and kindly confirm the order dated 21.11.2015 made in C.C.No.835/2006 passed by the Prl.Civil Judge and JMFC, Sagar by allowing the above petition.
This petition coming on for Admission, this day, the Court made the following:
ORDER Learned counsel for the petitioner, while placing reliance of a judgment of a co-ordinate bench in the case of Subhash S/o Annasaheb Ghasti vs. The State of Karnataka and another in Crl.P.No.10416/2012 decided on 06.08.2013 at the Dharwad Bench, submits that it is a settled position of law that unless the caste certificate is cancelled, a criminal prosecution could not have been launched against the petitioner for an alleged offence of securing a false caste certificate. It is submitted that in the present case, it is an admitted fact that the respondents initiated criminal proceedings even before the caste certificate is cancelled on the ground of having the same fraudulently.
2. Learned counsel for the petitioner submits that the Prl.Civil Judge and JMFC, Sagar, dropped the proceedings in C.C.No.835/2006 by order dated 21.11.2015 since the complainant did not submit charge sheet or final report on the crime registered against the petitioner herein. Challenging the same, the first respondent – State preferred an appeal before the V Additional District and Sessions Judge, Shivamogga, sitting at Sagar in Criminal Appeal No.10006/2016. The Appellate Court, by order dated 03.08.2016, set aside the order passed by the Prl. Civil Judge and JMFC, Sagar and directed the magistrate to proceed further by framing charges and to hold full fledged trial and dispose of the matter in accordance with law. Being aggrieved, petitioner is before this Court in this Criminal petition.
3. Learned HCGP submits that FIR was registered on 26.04.1985 for the offences under Sections 198 and 420 of IPC, while the caste certificate itself was cancelled somewhere in the year 2011.
4. Learned Special Government Advocate for the 2nd respondent would submit that liberty may be reserved to the respondents to initiate criminal proceedings in accordance with law since the caste certificate that was issued to the petitioner has been cancelled subsequently.
5. The learned counsel for the petitioner submits that for the first time it has been brought to the notice of the petitioner that the caste certificate of the petitioner has been cancelled in the year 2011 and he does not have a copy of the order of cancellation. If the petitioner is aggrieved by the cancellation of the caste certificate it is always open to him to challenge the order of cancellation and the criminal prosecution that would be initiated against the petitioner, in accordance with law.
6. In view of the position of law reiterated in the case of Subhash supra, the petition is required to be allowed and is accordingly allowed. The impugned order dated 03.08.2016 in Criminal Appeal No.10006/2016 on the file of V Additional District and Session Judge, Shivamogga sitting at Sagar is hereby quashed and set aside. Liberty is however reserved to the respondents to proceed and initiate fresh proceedings in accordance with law. Similarly, liberty is also reserved to the petitioner to challenge the cancellation of the caste certificate in accordance with law.
Ordered accordingly.
Sd/- JUDGE MH/-