On an application submitted by the petitioner, the

Tahasildar concerned after holding an enquiry granted a

certificate on 12.12.1977 to the effect that the petitioner

belongs to `Bandi' caste. In pursuance of the certificate issued

by the Tahasildar concerned, petitioner was appointed as

Deputy Manager in the State Bank of Mysore in the reserved

category and he retired from the service on attaining the age of

superannuation in the year 2013.

The District Caste Verification Committee, by order

dated 03.05.2018 declared that the petitioner does not belong

to `Bandi' caste, but she belongs to Baandhi caste which comes

under category II-A i.e. other backward classes. In pursuance

of the order passed by the Committee, the Tahasildar passed

an order canceling the caste certificate issued in favour of the

petitioner.

- 3 -

3.

The

Superintendent

of

Police,

Civil

Rights

Enforcement

Cell,

Mangalore,

lodged

FIR

before

the

respondent-Police Station for the offence punishable under

Sections 3(1) (q) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Ordinance, 2014 and also

under Sections 198 and 420 of IPC. The Police registered the

FIR for the aforesaid offence against the petitioner. Hence, this

petition.

4.

Learned

counsel

appearing

for

the

petitioner

submits that the Tahsildar concerned after holding an enquiry

has issued a certificate to the effect that the petitioner belongs

to Bandi caste and in the absence of any specific allegation that

the petitioner at the time of obtaining had an dishonest

intention to cheat the Government, the registration of the FIR

for the offence punishable under Section 420 of IPC is

impermissible.

5.

He further submits that Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act came into effect

from 11.09.1989 and the alleged offence was committed on

12.12.1977 i.e. prior to commencement of the Atrocities Act.

- 4 -

Hence, registration of the FIR for the offence punishable under

Section 3(1)(q) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act is in violation of Article 20(1) of

the Constitution of India.

6.

On the other hand, Mr. C. Jagadeesh, learned

Special Counsel appearing for the State would submit that

petitioner belongs to Baandhi caste which is not a Scheduled

caste community as clarified by the circular dated 21.9.1978

issued by the Social Welfare Department. Hence, he submits

that petitioner having secured the appointment claiming that

she belongs to Bandi caste has committed the aforesaid

offences. In support, he places reliance on the decision of the

co-ordinate bench of this Court in Crl.P.No.2346/2014.

7.

I have considered the submissions made by the

learned counsel appearing for the parties.

8.

It is undisputed that Bandi caste is classified as a

schedule caste and on an application submitted by the

petitioner, the Tahsildar concerned after holding an enquiry

issued a certificate dated 12.12.1977 to that effect in favour of

the petitioner. The circular was issued by the Department

- 5 -

concerned clarifying that Bandi caste is not a scheduled caste

on 21.9.1978 i.e. after the certificate was issued in favour of

the petitioner on 12.12.1977. Hence, it is implied that as on

the date when the petitioner submitted an application with the

Tahsildar concerned for issuance of the certificate, there was no

dishonest intention on the part of the petitioner to cheat the

government by claiming that she belongs to Bandi caste though

she belongs to Baandi caste. In the absence of essential

ingredients so as constitute the commission of offence

punishable under Section 420 of IPC, the registration of FIR for

the said offence is without any substance.

9.

To constitute an offence punishable under Section

3(1)(q) of the Atrocities Act, a person must have gives any

false or frivolous information to any public servant and thereby

causes such public servant to use his lawful power to the injury

or annoyance of a member of a Sc