SATHISH KUMAR K, S/O DEVAPPAYYA K Vs. THE STATE OF KARNATAKA THROUGH PUTTUR TOWN POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560001, ASSISTANT SUB-INSPECTOR OF POLICE HUMAN RIGHTS AND ENFORCEMENT

JUDGEMENT

(1.) THE petitioner has called in question the proceedings in Crime No. 8/88 registered by Puttur Town Police, Dakshina Kannada for the offences punishable under Sections 196, 198 and 420 of IPC inter -alia alleging that the petitioner by furnishing false caste certificate to acquired appointment. However he submitted that at relevant point of time the valid caste certificate was produced. Subsequently the Supreme Court also clarified that the person who has secured job on the basis of such caste certificate shall not insist on having benefit under the said certificate and the prosecution could be quased. The Government of Karnataka has also issued the circular dated 11.03.2002 where it has clarified that the persons who have obtained the benefit under the said caste certificate shall surrender the caste certificate and shall very same allegation between these parties this Court in Crl. P. No. 4617/2008 has quashed the proceedings by order dated 12th October 2009. Since this complaint is earlier to same is also liable to be quashed. In view of the above, the petition is allowed and the proceedings in pursuance of Crime No. 8/88 registered by puttur police stands quashed petitioner shall not claim any benefit under the reserve category on the basis of the alleged caste certificate and shall surrender the caste certificate obtained by him to claim the reservation.