This petition is filed under Section 482 of Cr.PC., for

quashing of the proceedings in Spl.Case No.24/2018 pending

on the file of the Principal District and Session Judge at

Udupi, for the offence punishable under Sections 465 of

Indian Penal Code and 3(2) (vii) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short "SC/ST Act").

2. The second respondent lodged first information

report

alleging

that

she

belongs

to

Schedule

Caste

-:3:-

community and she was appointed as the President of the

Shiriyara Grama Panchayat and some of the members of the

Grama Panchayat who were unable to bear her appointment

as the President conspired to remove her from the post of

the President. It is further alleged that the petitioner with an

intention of cheating has created the documents by forging

her signature on the documents including the work orders.

3.

The Jurisdictional Police registered a case against

the petitioner for the offences punishable under Sections

409, 420 of Indian Penal Code and Section 3(1) of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989. The Police after investigation filed the

charge sheet for the offence under Section 465 of IPC.

4.

On 15.12.2017, the Investigating Officer made a

request before the learned Magistrate to transfer the entire

file in C.C.No.1590/2017 to the Jurisdictional Sessions Judge

on the ground that he has already submitted additional

charge sheet under Section 173(8) of Cr. P.C. by inserting

-:4:-

offence punishable under Section 3(2) (vii) of the SC/ST,

Act. The learned Sessions Judge on the additional charge

sheet filed by the Investigating officer has registered the

case against the petitioner for the offence punishable under

Section 465 of IPC and Section 3(2) (vii) of the SC/ST, Act.

Being aggrieved by the same, the petitioner has filed this

petition.

5.

The learned counsel appearing for the petitioner

would submit that the charge sheet for the offence

punishable under section 465 of IPC was filed based on a

report submitted by the private laboratory and not by the

forensic laboratory of the Government and as such charge

sheet filed is not sustainable in law. It is further submitted

that the allegation made in the FIR does not discloses the

commission of the offence punishable under 3(2) (vii) of the

SC/ST Act. He further submitted that the investigating officer

cannot be directed to be influenced by opinion of the public

prosecutor before filing the report. In support of his

-:5:-

submission, he placed reliance on the decision of the Apex

Court in the case of R. Sarala -vs- T.S. Velu and Others

reported in AIR 2000 SC 1731.

6.

On the other hand, respondent No.2 would

submit that the allegations made in the FIR clearly discloses

that the petitioner has committed the offence punishable

under Section 465 of IPC and also having regard to the fact

that the respondent No.2 belongs to the Schedule caste

community, the investigating officer is justified in filing the

additional charge sheet for the offence punishable under

Section 3(2) (vii) of the SC/ST Act.

7.

Learned HCGP appearing for the respondent

No.1-State would reiterate the submission made by the

learned counsel appearing for the respondent No.2.

8.

I have considered the submissions made by the

learned counsel appearing for the parties.

-:6:-

9.

Though there is no allegation in the FIR lodged

by the respondent No.2, the Police initially registered the FIR

against the petitioner for the offences punishable under

Sections 409, 420 of Indian Penal Code and after

investigation, the investigating officer has filed the charge

sheet against the petitioner for the offence punishable under

Section 465 of IPC based on a report submitted by a private

laboratory stating that the petitioner has created the

document by forging the signature of the respondent No.2.

10.

The

Co-ordinate

bench

of

this

Court

in

Crl.P.No.100822/2016 disposed on 23.11.2016 has held that