On an application submitted by the petitioner, the

Tahasildar concerned after holding an enquiry granted a

certificate on 7.7.1978 to the effect that the petitioner belongs

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

Tahasildar concerned, petitioner was appointed in the Woman

and Child Welfare Department in the reserved category and she

retired from the service on attaining the age of superannuation

on 30.11.2016.

2.

The District Caste Verification Committee, by order

dated 8.6.2018 declared that the petitioner does not belong to

3

`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.

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.

4

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

7.7.1978 i.e. prior to commencement of the Atrocities Act.

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.

5

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 7.7.1978 to that effect in favour of the

petitioner. The circular was issued by the Department 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

7.7.1978. 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.

6

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 Scheduled Caste or a Sch