ORDER

Heard Sri J.Augustin, learned counsel for the petitioner, Sri Gururaj V. Hasilkar, learned High Court Government Pleader for respondent No.1.

2. The present petition is filed under Section 482 of Cr.P.C., with the following prayer:

“Wherefore, it is most respectfully prayed that this honorable court be pleased to: -

a. Quash the FIR and Complaint in Crime No.395/2017, which is registered for the offences punishable U/S 3(i) (ix) of SC and ST (Prevention of Atrocities Act), 1989 and U/S 198 & 420 of IPC pending before the Hon'ble District And Sessions Judge At Yadgiri.

b. Any order or direction this Hon'ble Court deems fit to grant under the circumstances may kindly be granted to the petitioner.”

3. Facts of the case reveal that the petitioner joined the job of Assistant Teacher by stating that he belonged to Scheduled Tribe Community namely ‘Gonda Caste’. Admittedly, the post of Assistant Teacher was reserved for Scheduled Tribe Community.

4. Later on, there were several complaints against the petitioner with regard to his caste and an enquiry was conducted. The documents produced with the petition clearly show that the Tahsildar has cancelled the certificate issued to the petitioner as a ‘Gonda caste’ as he belong to ‘Kuruba caste’. Admittedly, after the cancellation of the caste certificate, criminal prosecution has been launched against the present petitioner under the provisions of section 3(i)(ix) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and under Sections 198 and 420 of IPC. The petitioner has appeared before the learned Special judge and was facing the trial.

5. Subsequently, the petitioner has challenged the very registration of the case pending before the District and Sessions Judge, Yadgir.

6. Reiterating the grounds urged in the petition, Sri J.Augustin, learned counsel for the petitioner vehemently contended that after joining the job, petitioner has not sought for any further benefit based on his caste and in fact, whether the ‘Gonda caste’ and ‘Kuruba caste’ belong to Scheduled Tribe community is a question that is pending before the State Government and therefore, the very launching of the prosecution against the petitioner who gullibly believing that ‘Kuruba caste’ is also a ‘Gonda caste’ applied for a caste certificate and therefore, the criminal prosecution needs to be quashed.

7. Per contra, learned High Court Government Pleader opposes the petition and prays for dismissal of the petition.

8. In view of the rival contentions of the parties, this Court perused the material on record meticulously.

9. Admittedly, the chargesheet shows that in the case of hand, the petitioner obtained a caste certificate as he is belonging to ‘Gonda caste’ knowing fully well that he is belonging to ‘Kuruba caste’.

10. Now according to petitioner, he obtained such a certificate under the misconception that both castes are one and the same. The additional documents produced by the petitioner, especially the order dated 07.06.2017 issued by the Tahasildar, Shahapur clearly shows that caste certificate issued in favour of the petitioner as he belonging to ‘Gonda caste’ is cancelled by the Tahasildar.

11. Subsequently, criminal prosecution is also launched against the petitioner herein. It is clear that ‘Kuruba’ and ‘Gonda’ communities are two different communities as of now.

12. Further, if the State Government carves out ‘Kuruba caste’ is also as Scheduled Tribe community, which is a matter pending before the Government for consideration, it is always open for the petitioner to approach this Court seeking to quash the criminal prosecution again with a fresh petition.

13. Reserving such liberty and perusing the material on record, at this stage, the petitioner would not make out a case for quashing of the pending criminal prosecution against the petitioner by resorting to the inherent powers vested in this Court under Section 482 of Cr.P.C.

14. Hence, the following order is passed:

ORDER

Criminal petition is dism