LAWS(KAR)-2021-6-31

KALPANA Vs. STATE OF KARNATAKA

Decided On June 17, 2021
KALPANA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed under Section 482 of Code of Criminal Procedure (for short, Cr.P.C ) praying to quash the order dated 18.12.2017 in Crl.Rev.P.No.19/2017, passed by the IV Addl. District and Sessions Judge, Raichur, by confirming the order dated 06.12.2016 passed in C.C.No.138/2016 on the file of Civil Judge and JMFC Court, Manvi.

(2.) The factual matrix leading to the case are that, the petitioner had obtained a caste certificate claiming to be she belonging to Mogera caste, which comes under the Schedule Caste and applied for the post of Primary School Teacher, in the year 1996- 1997 and later on, she was appointed in Raichur District. She joined the duties and she is serving as a Teacher. In the meanwhile, certain complaints have been made to the Enforcement Authority, regarding the petitioner obtaining a false certificate making allegation that she doesn't belong to Mogera community and she obtained a false certificate and obtained her employment under the reservation category. On the basis of this information, a complaint came to be lodged and the Investigating Officer after conducting investigation submitted the charge sheet against the petitioner/accused for the offence punishable under Section 198 and 420 of Indian Penal Code (for short, 'IPC').

(3.) The present petitioner in pursuance of summons issued to her appeared before the learned Magistrate and she was enlarged on bail. Thereafter, she filed an application for discharge and the learned Magistrate, by order dated 06.12.2016, discharged the petitioner from the alleged charges.