- 1 - NC: 2025:KHC:15783 WP No. 10165 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 10165 OF 2024 (GM-RES) BETWEEN: SRI. JAYAMADHAVA P, S/O LATE PRABHASHANKAR, AGED ABOUT 49 YEARS, CHIEF ADMINISTRATIVE OFFICER, CAUVERY NIRAVARI NIGAMA LTD., MYSORE. …PETITIONER (BY SRI. KURANDWAD GOPALKRISHNA PRALHAD, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO., MULABAGAL POLICE STATION, MULABAGAL TALUK, KOLAR DISTRICT. 2. THE SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, NO.1, FIRST FLOOR, D.T.E. BUILDING, PALACE ROAD, BENGALURU - 560 001. 3. DEPUTY SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, KOLAR CELL, ZILLADALATA BHAVANA, KOLAR - 563 102. 4. POLICE INSPECTOR, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15783 WP No. 10165 of 2024 KOLAR CELL, ZILLADALATA BHAVANA, KOLAR - 563 102. …RESPONDENTS (BY SRI. M.R. PATIL, ADVOCATE FOR R1; SRI. C. JAGADISH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC 482 OF CR.P.C PRAYING TO QUASH THE FIR DATED 4.5.23 IN CRIME NO. 60/2023 PENDING BEFORE THE HONBLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR ALLEGING OFFENCES PUNISHABLE UNDER SECTIONS 198, 420, 467, 468 AND 471 OF THE IPC AND SECTION 3(1)(Q) OF SC/ST PREVENTION OF ATROCITIES ACT AND UNDER SECTION 5A AND 5B OF THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS ETC.) ACT, 1990 MARKED AS ANNEXURE-B TO THE WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.2 challenges the registration of the FIR for the offences punishable under Sections 198, 420, 467, 468, and 471 of the IPC; Section 3(1)(q) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989; and Sections 5A and 5B of the Karnataka Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (for short, ‘the Act, 1990’). - 3 - NC: 2025:KHC:15783 WP No. 10165 of 2024 2. It is alleged that the petitioner, while working as a Tahsildar, in collusion with the applicant, issued a false caste certificate to the applicant under Sections 5A and 5B of the Act, 1990, despite the applicant not belonging to the Scheduled Caste or Scheduled Tribe community. 3. The issue involved in this petition is squarely covered by the decision of a Co-ordinate Bench of this Court in W.P. No. 23834/2022 and connected petitions, disposed of on 05.03.2024, wherein at paragraphs 3 to 5, it is observed as follows: "3. It is evident that the petitioners, acting as Revenue Inspectors and Village Accountants, only conducted spot inspections and gathered statements from the applicants, their neighbors, and relatives, submitting reports to the Tahsildar. The Tahsildar then issued caste certificates based on these reports and relevant documents. 4. Although the FIR alleges collusion between the petitioners and the applicants in obtaining false caste certificates, prosecution under the Act can only proceed with the sanction of the State Government, as per Section 6. 5. Rule 7-A of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992 addresses prosecution for obtaining false caste certificates. Sub-Clause (2) of this rule empowers the Directorate of Civil Rights Enforcement to prosecute claimants who obtained false certificates, not the officers responsible for issuing them. Thus, the petitioners can only be prosecuted under Section 5-B of the Act, 1990, and without the necessary sanction under Section 6, the FIR against them lacks legal authority." “3. legal authority.” - 4 - NC: 2025:KHC:15783 WP No. 10165 of 2024 4. Therefore, this petition also deserves to be allowed in terms of the order passed in the aforesaid petition. Accordingly, I pass the following: ORDER i. The Petition is allowed. ii. The impugned FIR in Cr. No.60/2023 registered by the Mulubagal Police Station, insofar as accused No.2, is quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA, List No.: 1 Sl No.: 29 CT: BHK