Nandan Jaishankar Shirali vs Office Of Superintendent Of Police

NANDAN JAISHANKAR SHIRALI AGED ABOUT 31 YEARS BANK EMPLOYEE RESIDENT OF KADAMBA NAGAR BANVASI ROAD, SIRSI U.K. DISTRICT. ...PETITIONER

(BY SRI A.P. HEGDE, ADVOCATE)

AND:

1. OFFICE OF SUPERINTENDENT OF POLICE CIVIL RIGHT ENFORCEMENT CELL MANGALORE REGION, 3RD FLOOR MANGALORE URBAN DEVELOPMENT AUTHORITY BUILDING URVA STORE MANGALORE-575 006.

2. STATE OF KARNATAKA BY NEW MARKET POLICE SATION SIRSI, U.K. DISTRICT REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA DHARWAD. ...RESPONDENTS

(BY SRI C. JAGADISH, SPECIAL COUNSEL, FOR R-1, & SRI ABHISHEK MALIPATIL, H.C.G.P., FOR R-2)

*** 2 CRL.P.NO.101320/2017

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS IN SIRSI NEW MARKET POLICE STATION, CRIME NO.103 OF 2017 FOR THE OFFENCES PUNISHABLE UNDER SECTION 3(1)(9) OF THE SC AND ST (POA) ACT, 1989, AND SECTIONS 198 AND 420 OF THE IPC, 1860, PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA AT KARWAR.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 24-1-2025, COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR JUSTICE VENKATESH NAIK T.)

The petitioner has filed this petition under Section 482

of the Code of Criminal Procedure, 1973, praying to quash

the proceedings initiated against him in New Market Police

Station, Sirsi Circle, Uttara Kannada, in Crime No.103 of

2017 for the offences punishable under Section 3(1)(9) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, and Sections 198 and 420 of the

Indian Penal Code , 1860, pending on the file of the learned

Additional District and Sessions Judge, Uttara Kannada at

Karwar.

3 CRL.P.NO.101320/2017

2. Brief facts of the case are that, the petitioner was

appointed as a Clerk at Syndicate Bank under reserved

category of Scheduled Caste. The Bank sought for caste

verification certificate from the competent Authority. Since

the petitioner claims that he belongs to Moger caste

categorised as Scheduled Caste as per Serial No.78 in the

Schedule to the Scheduled Castes and Scheduled Tribes

applicable to Karnataka State, he obtained Caste Certificate

as Scheduled Caste-Moger, on 5-1-2007, from Tahsildar,

Sirsi Taluk. On 19-6-2017, Inspector of Police, Civil Rights

Enforcement Cell, Uttara Kannada, lodged a complaint

against the petitioner stating that he has obtained a false

Caste Certificate by suppressing the correct information.

Accordingly, Tahsildar, Sirsi, cancelled the Caste Certificate

issued to the petitioner.

3. Sri A.P. Hegde, learned counsel for the petitioner,

brings to the notice of this Court that the judgment of the

Division Bench of this Court dated 29-6-2011 passed in Writ 4 CRL.P.NO.101320/2017

Petition No.11756 of 2010 to contend that Moger caste

residing throughout the State of Karnataka are treated as

Scheduled Caste and a direction is issued to the State

Government to issue a Circular to all the concerned Officers

dealing with the grant of Scheduled Caste Certificates in the

entire State of Karnataka to ensure compliance of the

conclusion reached by the Court in the said order. Hence,

he submits that the petitioner has not obtained any false

Caste Certificate by suppressing the facts.

Learned counsel submits that no criminal proceedings

could have been initiated as long as the Caste Certificate is

valid. He further submits that the cancellation of the Caste

Certificate is also challenged by the one of the aggrieved

person in Writ Petition No.107008 of 2019, wherein interim

stay has been granted. Thus, he submits that by issuance

of the order of stay by this Court, the Caste Certificate

earlier granted continues to be in force and therefore, no

criminal proceedings could be continued against him. 5 CRL.P.NO.101320/2017

4. Sri C. Jagadish, learned special counsel for

respondent No.1, would submit that there are two

communities, which comes under the name of Moger, out of

which, one is Scheduled Caste and other is not and this

matter is required to be considered and is the subject

matter of Writ Petition No.107008 of 2019. Hence, he

submits that the criminal proceedings are required to be

continued.

5. Sri Abhishek Malipatil, learned High Court

Government Pleader for respondent No.2, submits that

Moger caste in the District of Dakshina Kannada is

categorised under Scheduled Caste, whereas Moger caste in

the District of Uttara Kannada is classified under

Category-I. In the present case, the petitioner being

resident of Sirsi Taluk in Uttara Kannada does not come

under the category of Scheduled Caste, but he comes under

Category-I. However, by suppressing the true facts, the

petitioner has managed to obtain false Caste Certificate 6 CRL.P.NO.101320/2017

that he belongs to Scheduled Caste and producing the same

false Caste Certificate, he has obtained employment in the

Bank, which post was reserved for Scheduled Caste

candidate. Investigation is under progress. At this stage,

the petitioner has filed this petition to quash the

proceedings.

6. The Division Bench of this Court, by order dated

29-6-2011, passed in Writ Petition No.11756 of 2010 held

that Moger caste in the entire State of Karnataka are to be

treated as Scheduled Caste, irrespective of their place of

residence. Further, the Division Bench of this Court, by

order dated 30-11-2004, passed in Writ Petition No.43169

of 2002 (PIL) observed that, if the State Government is of

the opinion that inclusion of Moger caste of Uttara Kannada

District in the category of Scheduled Caste is unjustified on

merit, it is for the State Government to move the

Government of India and seek amendment of the law. So

long as the Presidential order stands and operates, that 7 CRL.P.NO.101320/2017

should be given effect to. Further, it was held in the said

decision that, the Caste Certificates issued to persons

belonging to Moger community of Uttara Kannada District

cannot be faulted in as much as the President's order does

not restrict the reservation only to those persons belonging

to Moger caste, who are residents of undivided Dakshina

Kannada District and Kollegal District.

7. The short dispute is that the criminal proceedings

are initiated prior to cancellation of the Caste Certificate,

whether there are two communities which go by the said

name or not and whether one of them is Scheduled Caste

or not, is under determination in Writ Petition No.107008 of

2019 and other similarly placed Writ Petitions.

8. Be that as it may. As on the date of which the

criminal proceedings were initiated against the petitioner in

the year 2017, the Caste Certificate issued in his favour

was valid. Hence, I am of the considered opinion that no

criminal persecution could have been initiated in the teeth 8 CRL.P.NO.101320/2017

of the subsisting Caste Certificate. Hence, the criminal

proceedings in Crime No.103 of 2017 on the file of the

Additional District and Sessions Judge, Uttara Kannada, are

hereby quashed. However, reserving liberty to respondent

No.1 to initiate prosecution as against the petitioner in the

event of there being a finding in Writ Petition No.107008 of

2019 and other similarly placed Writ Petitions that the

Caste Certificate obtained by the petitioner by fraud or

otherwise.

Accordingly, the petition is partly allowed.

Sd/-

(VENKATESH NAIK T) JUDGE

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