IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102267 OF 2021 (482(CR.PC)/528(BNSS)-)

BETWEEN:

SMT. SUBBI S. SIDDAN W/O PRADEEP, AGE. 65 YEARS, PENSIONER, NOW R/O. SUPRABH NILAYA, VIDYANAGAR, SUBRAMANY, TAL. SULYA, TAL. BHATAKAL, DAKSHINA KANNADA DISTRICT.

…PETITIONER (BY SRI. R.G. HEGDE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA HONNAVAR POLICE STATION UTTARA KANNADA DISTRICT, CHAN DRASHEKAR BY SPP HIGH COURT OF KARNATAKA LAXMAN KATTIMANI DHARWAD BENCH DHARWAD.

Digitally signed b y 2. DIRECTORATE OF CIVIL RIGHTS, CHANDRASHEKAR LAXMAN ENFORCEMENT'S MANGALURU KATTIMANI Date: 2026.02.25 BY ITS SUPERINTENDENT MAHAMMED K.

17:30:04 +0530 MUDA BUILDING URVA STORES, MANGALURU-575006.

…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;

SRI. C. JAGADISH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S.

528 OF BNSS, 2023) SEEKING TO CALL FOR THE RECORDS QUASH THE COMPLAINT DATED 11.08.2018 AND FIR DATED 11.08.2018 AND THE CHARGE SHEET FILED FOR THE OFFENCE P/U/SEC. 198 AND 420 OF IPC AND U/SEC. 3(1)(q) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 CRIME NO. 326/2018 IN SPECIAL CASE NO. 71/2019 BEFORE THE PRL. DISTRICT AND SESSIONS COURT UTTARA KANNADA KARWAR AND ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri. R. G. Hegde, learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. C.

Jagadish, learned counsel for respondent No.2.

2. Accused in Special Case No.71/2019 is the petitioner who has sought the following relief:

“Wherefore, the petitioner-accused, humbly prays, this Hon’ble Court be pleased to call for the Records quash the complaint dated 11-08-2018 and FIR dated 11-08-2018 and the charge sheet filed for the offence punishable under Section 198 and 420 of IPC and under Section 3(1)(q) of SC and ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.326/2018 in Special Case No.71/2019 before the Prl. District and Sessions Court Uttara Kannada Karwar and allow this petition in the interest of justice.”

3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under:

4. A complaint came to be lodged by Sri.

Mahamadh K., being the Police Sub-Inspector, Civil Rights Cell, Mangaluru, for the offences punishable under Sections 198, 420 of Indian Penal Code, 1860 and Section 3(1)(q) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, For short, ‘SC and ST Act’

5. Said complaint came to be registered in Crime No.326/2018 on 11.08.2018 by Honnavara Police, Uttara Kannada District. The matter was thoroughly investigated and a charge sheet came to be filed against the petitioner herein.

6. Gist of the charge sheet material as per Column No.17 would reveal that the petitioner belonging to other backward Class-2A, as she is a Baandhi "¨ÁA¢ü" caste

person, claimed herself as a person belonging to Moger community by concocting false documents and thereby obtained false caste certificate from the Tahasildar, Honnavara on 06.07.1978 and based on the said certificate, she obtained an employment in Social Welfare Department.

7. Learned Special Judge on receipt of the charge sheet, took cognizance of the offences punishable against the petitioner herein and proceeded with the case by issuing summons.

8. Petitioner has challenged action of taking cognizance and proceeding with the criminal case on the following grounds:

 “That the complaint filed by the police is on imaginary grounds as the appeal against the order of the District Caste Verification Committee is pending before the Commissioner Social Welfare Department and the matter has not attained the finality.

 There is no basis for filing of the complaint and the same amounts