P. HEMALATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.1 was issued with a certificate certifying that, she belongs to Madiga community, which is classified as scheduled community, and on the basis of the said caste certificate, she contested in the election to the post of Councilor, CMC, Raichur, and was declared as successful candidate. On a complaint lodged by the third party, the Civil Rights Enforcement Committee conducted an enquiry, and submitted a report that, the petitioner - accused No.1 belongs to Madiga caste. The validity of the report was examined by the District Caste Verification Committee, and after hearing the petitioner - accused No.1, passed an order canceling the caste certificate holding that, she does not belong to Madiga caste. Based on the order passed by the District Caste Verification Committee, the respondent No.2 lodged the FIR for the offence punishable under Sec. 3(1)(q) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act . The registration of FIR is impugned in this petition.

(2.) Heard the learned counsel for the parties.

(3.) The order passed by the District Caste Verification Committee canceling the caste certificate issued in favour of the petitioner - accused No.1 is impugned before this Court in WP No.200992/2023, and this Court by order dtd. 16/3/2023 has stayed the operation of the order passed by the District Caste Verification Committee. The validity of the order passed by the District Caste Verification Committee is pending consideration before this Court. Hence, it will be an abuse of process of law if the petitioner is subjected to investigation. Accordingly, I pass the following: