The legal provisions for prosecution of offenders who obtained false caste certificates were upheld, and the court relied on the decision of the Hon'ble Apex Court in Jagadish Bihara's case to dismiss the petition.

JUDGMENT/ORDER

1. Petitioner, who is arraigned as accused has filed this petition under sec. 482 of Cr.P.C. to quash the criminal proceedings in Crime No.6/2016 dtd. 25/1/2016 for the offences punishable under sec. 196, 198, 420 of IPC and Sec. 3(1) (9) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act ) registered by the Brucepet P.S. of Ballari.

2. It is the case of the petitioner that based on the complaint filed by one G. Somashekhar, Police Inspector, Civil Rights Enforcement Directorate, a case in Crime No.6/2016 is registered against him alleging that though he belonged to Kuruba Community, he obtained a caste certificate as though he belongs to Kadu Kuruba (ST) and secured appointment in Bank of Baroda, which was reserved for a person belonging to Kadu Kuruba community. The said certificate is cancelled by the Tahsildar on 4/3/2010. Being aggrieved by initiation of criminal proceedings, petitioner is seeking quashing of the said proceedings.

3. Respondent No.1 has appeared through learned HCGP. On the other hand, respondent No.2 appeared through Sri. C. Jagadish, learned counsel.

4. During the course of arguments, learned counsel for the petitioner submits that as per the orders of the Chairman of District Caste Verification Committee, dtd. 30/10/2000 at Annexure-B, as per the government order No.SWL.63 SAD 85, dtd. 23/1/1986 no action shall be taken against such persons. Petitioner has obtained caste certificate in the year 1974. As per the government order dtd. 11/3/2002, such persons are required to surrender the caste certificate and no action can be taken against them. He would further submit that the petitioner has not availed any facility or benefits as alleged in the complaint. The petitioner has already retired from service on 29/2/2016. Similar circular is issued by the Joint Secretary, Social Welfare Department at Annexure- E. He would further submit that in similar matters, in criminal petition Nos.2482/2005, 2452/2008, 252/2009 and 371/2009, criminal proceedings have been quashed. Registering of criminal case against the petitioner is contrary to the judgment of the Hon'ble Apex Court in State of Maharashtra Vs. Milind and others, AIR 2001 SC 393. (Milind's Case) and prays to allow the petition.

5. On the other hand, learned counsel representing respondent No.2 submits that classification of a caste as Scheduled Caste, Scheduled Tribes, Backward Classes etc., is the prerogative of the parliament and State Government has no authority to issue circular relied upon by the petitioner. In fact, the decisions relied upon by the petitioner in Criminal Petition No. 2482/2005, 2452/2008, 252/2009 and 371/2009 are no longer good law in view of the decision of the Hon'ble Apex Court in Chairman and Managing Director, Food Corporation of India and others Vs. Jagadish Balaram Bihara and others, (2017) 8 SCC 670. (Jagadish Bihara's Case) and quashing of such criminal proceedings is reversed by the Hon'ble Apex Court in SLP (Criminal) No.161/2014 and in view of the same, the decisions relied upon by the petitioner are no longer good law. So far as the decision of the Hon'ble Apex Court in Milind's case relied upon by the petitioner is concerned, it is congenial to the parties therein and not a ratio applicable to all the cases.

6. Heard the arguments and perused the records.

7. It is an undisputed fact that the petitioner belonged to Kuruba community. However, he has secured caste certificate claiming to be belonging to Kadu Kuruba community and secured employment in Bank of Baroda, which was reserved for a person belonging to Kadu Kuruba community, which comes under Scheduled Tribe category.

8. However, the State of Karnataka issued government order dtd. 23/1/1986 bearing No.SWL.63 SAD 85 giving benefits of reservation in educational institutions and also educational concessions available for the persons belonging to Scheduled Tribe and also persons belonging to Nayak, Naik, Beda, Walmiki, Pariwa