CHANDRAKANT S/O YESHWANTRAO DOLLE Vs. STATE

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C and petitioner sought for quashing of the entire proceedings registered against him in Crime No. 0184/2018 (FIR No.1426/2018) of the Brahampur Police Station for the offence punishable under Sections 196, 198 & 420 of IPC pending on the file of IV Addl. Civil Judge & JMFC Kalaburagi.

(2.) The brief facts of the case leading to this petition are as follows:

(3.) The petitioner has further stated that the FIR and compliant resulting in penal proceedings on the basis of a police report is against law as being one without jurisdiction and amounts to abuse of process of law and deserves to be quashed. The filing of the case is due to the personal enmity between the petitioner and one Devaraj and the process of law in connivance with the CRE cell and other offices is misused and abused. Aggrieved by the order of Deputy Commissioner and Adyaksha District Caste Verification Committee, the petitioner had filed appeal before the Commissioner and the appellate authority, Bangalore who by order dated 15.10.2018 allowed the appeal and the matter was remanded to the authority below. The petitioner belongs to Bogar caste which is part of Jain religion. The petitioner has not secured employment under any category quota, but has secured the employment under General Quota. Thus even otherwise, there is no benefit availed by the petitioner on the basis of the caste certificate. Respondent No.2 or its office had no authority in law to make any enquiry on the basis of the alleged complaint by one Devaraj. The class of persons who can call in question the correctness or otherwise of the caste certificate issued to anybody is limited under section 4 of the Karnataka SC, ST & other Backward classes (Reservation of appointments etc) Act 1990. Any Tom, Dick & Harry cannot call in question the caste certificate of the petitioner. Thus entertaining the alleged complaint of the said Devaraj and the consequent investigation is illegal and vitiated. Respondent No.2 has not followed Rule 7 and 7A of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments Etc.) (Amendment ) Rules 1993. As the matter is still pending consideration in the light of the order of the Appellate Authority, initiation of the proceedings is premature and in gross violation of the orders of the High Court and the Supreme Court and thus the whole of the criminal proceeding deserves to be quashed in entirety.