IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 6052 OF 2013 BETWEEN:
VADIRAJ S/O M. NAGESH RAO AGED ABOUT 59 YEARS 391, I FLOOR, II CROSS N. R. COLONY BENGALURU – 560 019.
(BY SRI. ABHINAV. R., ADVOCATE) AND:
DIRECTOR OF CIVIL ENFORCEMENT CELL "F" BLOCK, II FLOOR CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU – 560 009.
(BY SRI.C.JAGADEESH., ADVOCATE) ... PETITIONER ... RESPONDENT THIS CRL.P FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7779/2013 (CR. NO.169/2007) ON THE FILE OF THE VI ADDL. C.M.M., BANGALORE CITY.
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 counsel for respondent. Perused the records.
2. Petitioner has sought to quash the entire proceedings in C.C.NO.7779/2013 on the file of VI Addl. CMM, Bengaluru.
3. The above proceedings were initiated based on the complaint filed by District Caste Verification Cell, Bengaluru Urban District, Bengaluru alleging that the petitioner herein though belonged to ‘Daivagnya Brahmin’ community obtained certificate as ‘Adi Karnataka’ caste and on the strength of said certificate, obtained employment in State Bank of India, C.T. Market Brach, Bengaluru. It is alleged that said certificate has been cancelled by orders of Deputy Commissioner in proceedings No.f.¸À.PÀ.C(£À):
eÁ¥À:¹Dgï:169/2006-07 dated 13.03.2007. The said order was challenged in C.V.Appeal No.08.1/07-08 by the petitioner herein before the Appellate Authority and the Commissioner, Social Welfare Department, Bengaluru under section 7(2) of The Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes(Reservation of Appointments) Rules, 1993 and by order dated 05.06.2007 operation of the order passed by the District Caste Verification Committee has been stayed. However, the petitioner preferred a writ petition under Article 226 and 227 of the Constitution of India and by order dated 05.03.2009 in W.P.No.1417/2009(GM-CC), the order passed by the Tahsildhar Bengaluru North Taluk dated 11.08.2008 cancelling the caste certificate of the petitioner has been set-aside.
4. In view of above orders, the very basis of prosecution of the petitioner having been taken away, the continuation of prosecution against the petitioner cannot be permitted.
Accordingly, the petition is allowed. The proceedings initiated against the petitioner in C.C.No.777/2013 on the file of learned VI Addl. CMM, Bengaluru is quashed. Liberty is reserved to the respondent to take appropriate action, subject to the result of the appeal.
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Sd/- JUDGE