S L SATHYANARAYANA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition the petitioner has sought for issuance of a writ of certiorari quashing the entire proceedings against him in the Court of Principal District and Sessions Judge, Davanagere in Special Case (SC & ST) No.2/2015 (henceforth for brevity referred to as "the Court below") for the offences punishable under Sections 198 and 420 of Indian Penal Code, 1908 (henceforth for brevity referred to as "IPC") r/w Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [henceforth for brevity referred to as "SC & ST (POA) Act, 1989"].

(2.) The summary of the case as could be gathered from the materials placed before the Court is that the Police Sub-Inspector of Civil Rights Enforcement Directorate, Davanagere lodged a complaint with the first respondent police station on 24.03.2014. The summary of the complaint is that the present petitioner giving false information to the Tahsildar of Davanagere obtained a false caste certificate on 01.09.1995 showing that he (petitioner) belongs to a caste by name 'Kadu Kuruba'. Based on the said false certificate, he secured an appointment to the post of Assistant Engineer in Public Works Department. Presently, he is working as Assistant Executive Engineer in the City Municipal Corporation at Udupi. It is further stated in the complaint that when Civil Rights Enforcement Directorate conducted enquiry, it was revealed that the petitioner / accused belongs to a caste by name Kuruba coming under the Category 2A. The Tahsildar at Davanagere subsequently on 01.04.2006 has cancelled the caste certificate issued in favour of the petitioner showing him as belonging to 'Kadu Kuruba', a Scheduled Tribe. He has deceived the people belonging to Schedule Tribe and also to the Government and further, he has committed atrocity against the Scheduled Tribe. The Additional Director General of Police, Civil Rights Enforcement Directorate, Bengaluru has accorded sanction to prosecute the petitioner. With this, the complainant has requested the first respondent to take appropriate action against the petitioner. The said complaint was registered in the first respondent police station against the petitioner in the Station Crime No.38/2014 for the offences punishable under Sections 196, 198, 420 of IPC and under Section 3(1)(ix) of SC & ST (POA) Act, 1989.

(3.) After investigation, the respondent police filed charge sheet against the petitioner for the offences punishable under Sections 198 and 420 of IPC and under Section 3(1)(ix) of SC & ST (POA) Act, 1989. The charge sheet was received and the case was numbered as Special Case (SC & ST) No.2/2015 in the Court below. It is the said proceedings, the petitioner has sought for quashing in this writ petition.