GOPALAPPA S/O DURGAPPA KATTIMANI Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.22 under Section 482 of Cr.P.C., , praying to quash the criminal proceedings initiated in Crime No.113/2016 of Raichur West Police Station, registered for the offences punishable under Sections 467, 468, 420, 470, 471 R/w Section 34 of IPC and also Section 3(1)(IV) of SC/ST (Prevention of Atrocities) Act.

(2.) Brief facts of the case are that, a complaint was registered on 26.05.2010 alleging that accused No.1 originally belongs to Madiwala Caste and in order to avail the land from the Board in the scheme of Bhuvadethan created a false certificate as Scheduled Caste and thereby caused financial loss to the Board. It is further alleged that, accused Nos.2 to 21 have violated the rules of the Board and created false document and thereby cheating the Board, they have facilitated to avail the benefit of the scheme and thereby deprived the benefit to the Scheduled Caste beneficiaries. It is further alleged that accused Nos.22 to 25 being the Government Servants, have made benefit to all the above accused persons under the Bhuvadethan scheme and the lands given by the Board have been granted to in-eligible women belonging to the same family and those who are already having lands and as per the rules of the Board they have allotted the lands who are residing at far distance, as the rule of the Board is, the land has to be granted to the residents who are residing within 5 kms. Thereby, they have violated the rules and fabricated the documents and have committed the offence. On the basis of the said complaint, a case was registered against accused persons in the above said crime. Now the same has been challenged before this Court under Section 482 of Cr.P.C.

(3.) I have heard the learned senior counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.