GANESH DASAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought to quash the order dated 16.12.2010 passed by the Addl. Civil Judge and JMFC, Bantwal in C.C. No.486/2007 and the order dated 03.05.2013 in Crl.R.P.No.32/2011 passed by the Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.

(2.) The petitioner herein filed an application under section 239 Cr.P.C. praying to discharge him from the alleged offences punishable under sections 196, 198, 420 and 511 of IPC. The learned Magistrate by order dated 16.12.2010 dismissed the said application by placing reliance on the decision in RENU KUMARI vs. SANJAYKUMAR AND OTHERS and the decision reported in 2005(1) Crimes Page 1 SC. The revisional Court has confirmed the said order by its order dated 03.05.2013.

(3.) The case of the prosecution is that the petitioner/accused belonged to backward i.e., 'Dasayya' community, but he managed to obtain a caste certificate as belonging to 'Chennadasar' community and used the said certificate to secure employment in KSRTC. Subsequently, the said certificate was cancelled by orders of the Caste Verification Committee. Accordingly, the Tahsildar, Bantwal cancelled the caste certificate issued in favour of the petitioner.