- 1 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO.201179 OF 2023 [482(Cr.PC)/528(BNSS)] BETWEEN: SABU @ SAIBANNA @ SABANNA, S/O SIDDAPPA BHOVI, AGE: 65 YEARS, OCC: AGRICULTURE, AND ELECTED DIRECTOR OF SIDDESHWAR CO-OPERATIVE SOCIETY BANK LTD., VIJAYAPURA AND RESIDING OF KHWAJA AMEEN DARGA, VIJAYAPUR-58610. …PETITIONER (BY SRI RAVINDRA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA GOL-GUMBAZ POLICE STATION, VIJAYAPURA DISTRICT: VIJAYPURA REPRESENTED BY SPP HCK, KALABURAGI-585103. 2. THE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, BY ITS DIRECTOR OF GENERAL OF POLICE, BENGALURU-560003. …RESPONDENTS [BY SRI SIDDALING P. PATIL, ADD. SPP FOR R1; SRI C. JAGADISH, SPL. COUNSEL FOR R2 – (THROUGH VC)] Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ISSUE ORDER OR DIRECTION, QUASHING ENTIRE PROCEEDINGS IN FIR IN CRIME NO. 152/2022 FILED BY THE GOL-GUMBAJ POLICE STATION, VIJAYPUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 196, 198, 420 OF IPC AND UNDER SECTION 3(1)(q) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT- 2015, UNDER SECTION 5-A AND 5-B OF KARNATAKA SC AND ST AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENT ETC) ACT -1990 BEFORE THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE (SPECIAL COURT), VIJAYPUR IN SO FAR AS PETITIONER AND OTHERS ARE CONCERNED. THIS PETITION, COMING ON FOR ARGUMENTS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) This petition is filed by the petitioner – accused No.1 under Section 482 of Cr.P.C. for quashing the entire proceedings in FIR in Crime No.152/2022 filed by the Gol- Gombaj Police Station, Vijayapura for the offences punishable under Sections 109, 196, 198 and 420 of IPC and under Sections 3 (1) (q) of SC and ST (Prevention of Atrocities) Amendment Act, 2015, under Section 5-A and 5-B of Karnataka SC and ST and other Backward Classes - 3 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 (Reservation of Appointment, etc.,), Act 1990 before the Court of II Addl. District and Sessions Judge (Special Court), Vijayapura. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The case of the prosecution before the police is that a complaint came to be filed by Sri M.B. Bhosale PSI on the receipt of the representation from the District Caste Verification Committee [DCVC] alleging that the petitioner is said to have obtained a caste certificate as Bhovi caste which comes under the Scheduled Caste by manipulating the documents as he has changed the caste as ‘Bhovi’ from ‘Boyi’, thereby he has committed the said offences. The said FIR is challenged in this petition seeking to quash the same. 4. The learned counsel for the petitioner has contended that the petitioner has approached this Court for quashing the criminal proceedings on two grounds - 4 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 mainly on the ground that the DCVC has no power to pass an order directing to register the FIR and take action as per the order dated 21.12.2023. The said order was challenged by the petitioner before the Co-ordinate Bench of this Court in Writ Petition No.201866/2024 which came to be allowed and the order of DCVC i.e., respondent No.2 has been quashed. Liberty was granted to the complainant to approach the Assistant Commissioner under Section 4B of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Act, 1990. Hence, when the very order of the Deputy Commissioner has been quashed, the question of continuing criminal proceedings against the petitioner does not arise. 5. Learned counsel also submits that the complainant ought to have filed an appeal before the Assistant Commissioner under Section 4B of the said Act. Without doing so, he has filed complaint before the DCVC - 5 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 and on the direction of DCVC, the complaint came to be filed. Hence, he prayed for quashing the proceedings. 6. Per contra, learned Additional State Public Prosecutor supports the case of the prosecution. 7. Learned Special Counsel appearing for respondent No.2 has contended that liberty has been granted to the complainant to approach the Assistant Commissioner under Section 4B of the said Act. Therefore, until completion of the procedure, liberty may be reserved to the complainant to file the complaint. Hence, prayed for disposal of the petition. 8. Having heard the arguments, perused the records. The present complaint came to be registered based upon the report sent by the DCVC - respondent No.2 as per the order dated 21.12.2023. The Co-ordinate Bench of this Court in W.P.No.201866/2024 has quashed the said order with a liberty to respondent No.6 therein i.e., complainant to approach the Assistant Commissioner - 6 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 under Section 4B of the Act of 1990. In view of the submission made by the counsel for respondent No.2 and the present case on hand, when the very order of the DCVC has been already quashed by the Co-ordinate Bench of this Court, continuing the proceedings is nothing but abuse of process of law. However, until deciding the issue by the Assistant Commissioner under Section 4B of the Act, the FIR cannot be registered against the petitioner. Therefore, until passing any order and attaining the finality in respect of validity of the caste certificate obtained by the petitioner, the police or any authority cannot register any FIR against the petitioner. Therefore, the proceedings against the petitioner are liable to be quashed at present. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The criminal proceedings against the petitioner in Crime No.152/2022 registered by the Gol-Gumbaj Police Station, Vijayapur for the offences punishable under Sections - 7 - NC: 2025:KHC-K:2184 CRL.P No. 201179 of 2023 109, 196, 198, 420 of IPC and Section 3(1) (q) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 and the investigation by the police is hereby quashed. (iii) Liberty is granted to the complainant to approach only after the passing of the order under Section 4B of the said Act (iv) All contentions are kept open. Sd/- (K NATARAJAN) JUDGE KJJ/SWK List No.: 1 Sl No.: 12 CT:SI