Only Caste Verification Committee Can Decide Validity Of Caste Certificate, Not Magistrate: Karnataka HC Quashes Cheating Case Against 61-Yr-Old
The Karnataka High Court has quashed a cheating case registered against a 61-year-old man who is alleged to have fraudulently obtained a false Caste Certificate, stating that he belongs to Scheduled Caste on which basis he secured a job in BEML. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by S. Neelakantappa, saying “The Caste Certificate issued...
The Karnataka High Court has quashed a cheating case registered against a 61-year-old man who is alleged to have fraudulently obtained a false Caste Certificate, stating that he belongs to Scheduled Caste on which basis he secured a job in BEML.
A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by S. Neelakantappa, saying “The Caste Certificate issued in favour of the petitioner having not been cancelled under the provision of the Rules, (Karnataka Schedule Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Rules 1992, cognizance taken by the learned Magistrate on the basis of the final report is impermissible.”
Further the bench made it clear that “The learned Magistrate cannot adjudicate the validity of the Caste Certificate and its only the Caste Verification Committee under Rules 1992, can adjudicate whether the petitioner has obtained the Caste Certificate fraudulently that he belongs to Machala Community though he belongs to Weavers Community which is not a Scheduled Caste Community.”
It was alleged that though the petitioner belongs to Weavers Community by furnishing false information with the Tahsildar, Bellary Taluk, obtained Caste Certificate that he belongs to Machala Community which is classified as Scheduled Caste.
On the magistrate taking cognizance of the offence, the accused filed a discharge application which came to be rejected. In its order of rejection the magistrate said whether the petitioner belongs to Weavers Community or Machala Community is the matter which requires to be considered after full fledged trial. In appeal the sessions court also upheld the magistrate court order. Following which the petitioner approached the high court.
The petitioner argued that in the absence of any enquiry conducted by the Caste Verification Committee as specified under Rule 6A and 7(4) of the Karnataka Schedule Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.) Rules, 1992, the Police have no jurisdiction to register FIR for the offence punishable under Section 420 of IPC alleging that the petitioner-accused obtained caste certificate by furnishing false information.
The bench noted that the Caste Certificate issued in favour of the petitioner-accused that he belongs to Machala community is still in subsistence and is not cancelled by the Competent Authority under the Rules, 1992.
Referring to Rule 7(4) of the Rules, 1992 which specifies the Caste Verification Committee after rejecting the claim of the applicant for grant of Validity Certificate, shall send a copy thereof and there upon the Directorate of Civil Rights Enforcement shall take steps to prosecute such claimant who has obtained a false Caste Certificate.
The court remarked “A reading of the aforesaid provisions clearly indicates that the petitioner can be prosecuted for the offence punishable under Section 420 only upon an order passed by the Caste Verification Committee rejecting the claim of the petitioner for grant of Validity Certificate and there upon the Directorate of the Civil Rights Enforcement shall take steps to prosecute the petitioner.”
Following which it held “The Caste Certificate issued in favour of the petitioner having not been cancelled under the provision of the Rules, 1992, cognizance taken by the learned Magistrate on the 7 basis of the final report is impermissible.”
Case Title: S Neelakantappa And State of Karnataka & ANR
Case No: CRIMINAL PETITION NO.6915/2016
Citation: 2023 LiveLaw (Kar) 19
Date of Order: 04-01-2023
Appearance:
Advocate Prabhugouda B Tumbigi for petitioner.
HCGP Mahesh Shetty for R1.
Spl PP C. Jagadeesh, FOR R-2.