RAVINDRA KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner sought for quashing of the criminal proceedings in Spl.Case SC/ST No.17/2015 (arising out of Crime No.128/2013) of Brahmpur Police Station.

(2.) The brief factual matrix of the case is that the police have alleged that the petitioner has furnished a false caste certificate showing that he belongs to Beda Jangam and on the basis of the same he had obtained medical seat by cheating the Government. The police attached to Civil Rights Enforcement Cell in fact have investigated the matter collected all the materials to that effect and found that the petitioner has obtained the false caste certificate from the office of the Tahsildar, Gulbarga and produced the same before the competent authorities for the purpose of getting the medical seat. During the course of investigation, the Tahsildar, Gulbarga has stated that he has not given such Beda Jangam caste certificate and signature found on the said certificate was false and forged. He has also stated during the course of his duty as Tahsildar at Gulbarga he never issued any certificate as Beda Jangam to any person. Therefore, on the above said ground charge sheet appears to have been filed. The only charge raised before this Court is that, the Civil Enforcement Directorate has no independent jurisdiction to lodge any complaint and investigate the matter and submit charge sheet, it is in fact, a separate provision contained under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) (Amendment) Rules, 1993 under Rule 7-A it is the jurisdiction of district level committee to investigate into the said matter and thereafter if committee finds that there is any violation of any law for the time being in force in obtaining caste certificate by the accused, then it can direct for registration of a Crime and for investigation and then for filing of the charge sheet.

(3.) Similar matter has come before this Court in Crl.P.No.15335/2013 between Smt. Jayshree W/o Marularaghya vs. The State, this Court has exhaustively considering the said rules i.e. Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, Etc.) (Amendment) Rules, 1993 and also the judgment of this Court in W.P.No.18012/1989 has come to the conclusion that it is the Directorate Civil Enforcement to initiate the proceedings as per Rule 7-A of the Rules, only after getting the report from the district caste verification committee.