- 1 - NC: 2025:KHC-D:668 CRL.P No. 101561 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101561 OF 2019 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. PRABHU S/O. RAMESH HAVERI, AGED ABOUT 33 YEARS, OCC: SERVICE, R/O: HALEHONNATI, TQ: RANEBENNUR, DIST: HAVERI. … PETITIONER (BY SRI. F.V.PATIL, SRI. SRINAND A.PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY RANEBENNUR POLICE, DIST: HAVERI, NOW REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. THE DEPUTY SUPERINTENDENT OF POLICE, C.R.E. CELL, BELAGAVI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADV. FOR R1; SRI. C. JAGADISH, STATE PUBLIC PROSECUTOR FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C., PRAYING TO, CALL FOR THE RECORDS IN RANEBENNUR P.S. CRIME NO.89/2019 REGISTERED ON THE FILE OF I ADDL. DISTRICT & SESSIONS JUDGE, HAVERI AND QUASH THE COMPLAINT AND FIR DATED 12.06.2019 REGISTERED IN RANEBENNUR P.S. CRIME NO.89/2019 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.196, 198, 420 OF IPC R/W SEC.3(1)(q) SC/ST (PA) AMENDMENT ACT, 2015 AS SAME BEING TOTALLY ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:53 +0530 - 2 - NC: 2025:KHC-D:668 CRL.P No. 101561 of 2019 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner was issued a caste certificate certifying that he belongs to the Hindu Bhovi community, which is classified as a Scheduled Caste (SC). Based on the said caste certificate, he obtained employment. However, upon complaint, the District Caste Verification Committee (DCVC) cancelled the certificate, citing that it was obtained fraudulently. Subsequently, respondent No.2 lodged a first information report (FIR) alleging that the petitioner had fraudulently obtained the caste certificate, depriving the members of the Scheduled Castes and Scheduled Tribes of employment and also cheating the government. The police registered the FIR for offences punishable under Sections 196, 198, 420 of IPC and Section 3(1)(q) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015. Taking exception to the same, this petition is filed. 2. Heard the learned counsel for the petitioner and learned AGA for the respondent/State. 3. Admittedly, against the order passed by the DCVC, the petitioner has filed WP No.104264/2021 before this Court, which is pending consideration, and this Court has granted an interim order staying the operation of the order passed by the DCVC. Therefore, the question as to whether the caste certificate was obtained fraudulently by the petitioner has not attained finality. In light of this, - 3 - NC: 2025:KHC-D:668 CRL.P No. 101561 of 2019 the lodging of the FIR and the consequent registration of the crime is premature. 4. Accordingly, the petition is allowed. The impugned FIR in Crime No.89/2019 registered by Ranebennur Police Station is hereby quashed. Liberty is reserved to the respondent No.2 to take appropriate action against the petitioner in accordance with law in the event cancellation of caste certificate issued in favour of the petitioner is confirmed by this Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK List No.: 3 Sl No.: 2