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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VIJAYKUMAR A.PATIL
State Of Karnataka – Appellant
Versus
Sridevi D/o. Vasant Telagar – Respondent
| Table of Content |
|---|
| 1. the need for trial on caste certificate validity. (Para 1 , 3) |
| 2. arguments for affirming trial court's decision. (Para 4 , 5) |
| 3. analysis of caste certificate classification. (Para 6 , 8) |
| 4. conclusion on lack of error in trial court ruling. (Para 9) |
ORDER :
VIJAYKUMAR A.PATIL, J.
This revision petition is filed seeking prayer to set aside the order dated 30.05.2020 passed in SPL.(SC/ST) CC.No.17/2017 by the II Addl. District and Sessions Judge, Dharwad (hereinafter referred to as the ‘trial Court’, for short) and further direction to direct the said Court to proceed with the trial of the aforesaid case against the respondents herein.
2. Heard Sri.Praveen K.Uppar, learned Additional Government Advocate and Sri.Sagar R.Hegde, learned counsel appearing for respondents No.1 to 4.
3. The case of the prosecution is that accused No.4 who is the Government employee obtained the caste certificate from the Tahsildar, Dharwad as ‘Hindu Bhovi’ caste on 29.06.2005 by furnishing false information. It is further case of the prosecution that accused No.1 and 2 are the daughters of accused No.4, accused No.3 is the grandson of accused No.4 and they all have taken the benefits as ‘Hindu
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No addition or modification in the Presidential Order is permissible.
A caste certificate may be issued based on existing certificates of family members, irrespective of discrepancies in revenue records, recognizing the Mogia caste as a Scheduled Tribe.
The court upheld the conviction for fraudulently obtaining a caste certificate to secure educational benefits, affirming that the act constituted criminality despite the accused's claims of procedura....
The accused cannot be prosecuted for the offence under sec. 3(1)(ix) of the Act as the law did not exist at the time when the certificates were issued. The false caste certificates obtained by person....
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
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