CRL.P.NO.101320/2017 1 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T. CRIMINAL PETITION NO.101320 OF 2017 BETWEEN: 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) * * * CRL.P.NO.101320/2017 2 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. CRL.P.NO.101320/2017 3 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 CRL.P.NO.101320/2017 4 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. CRL.P.NO.101320/2017 5 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 CRL.P.NO.101320/2017 6 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 CRL.P.NO.101320/2017 7 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 CRL.P.NO.101320/2017 8 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 kvk