BHEEMAPPA HAVANUR, FAKEERAPPA, ASHOK HAVANUR v. STATE OF KARNATAKA
1995-12-21
A.M.FAROOQ
body1995
DigiLaw.ai
A. M. FAROOQ, J. ( 1 ) THE petitioner in criminal petition No. 406 of 1991 joined services as a second grade sub-registrar on 14-7-1969 producing the caste certificate to the effect that he belonged to the hindu valmiki caste. Subsequently he has shown his caste as belonging to beda community. He was promoted as first grade sub-registrar in the year 1982 and thereafter as head-quarters assistant in the year 1984 on a caste certificate showing him as belonging to nayaka community. Criminal investigation was proceeded against him by the ranebennur town police in crime No. 82 of 1988 and sent an fir to the court of the learned judicial magistrate first class, ranebennur. The petitioner has approached this court seeking to quash the said criminal proceedings and the investigation being done by the ranebennur police on the allegation that he has produced a false caste certificate and obtained promotion. ( 2 ) IN crime No. 618 of 1989, the petitioner is a student who obtained admission to a private medical college in the year 1977 producing a caste certificate to the effect that he belonged to nayaka community. P. j. police, davanagere has sent an fir to the j. m. f. c. , davanagere in crime No. 5 of 1986 of their police station alleging that the petitioner has produced a false caste certificate to secure admission to the medical course. According to them, they are investigating against the petitioner for having produced a false caste certificate and securing an admission even though he does not belong to nayaka community. ( 3 ) THE petitioner in crime No. 1714 of 1988, obtained admission to the pre-university course on 21-6-1981 with a caste certificate showing that he belonged to nayaka community. Malleshwaram police have sent an fir to the court of the learned metropolitan magistrate, ii court, Bangalore alleging that the petitioner has committed offence under sections 181,196,198 and 420,1. p. c. and their enquiry discloses that the petitioner does not belong to nayaka community but he belongs to talwara or valmiki caste. ( 4 ) IN government notification No. Swl/99/sad/93 (l), dated 5/6-3-1993, instructions has been issued to the concerned authorities not to proceed with the investigation against persons belonging to beda, nayaka, valmiki, talwara communities etc. , Who have joined service or obtained seats in educational institutions on production of certificates taken earlier to 23-1-1986.
( 4 ) IN government notification No. Swl/99/sad/93 (l), dated 5/6-3-1993, instructions has been issued to the concerned authorities not to proceed with the investigation against persons belonging to beda, nayaka, valmiki, talwara communities etc. , Who have joined service or obtained seats in educational institutions on production of certificates taken earlier to 23-1-1986. In all these three petitions, the petitioners have got the certificate much earlier to the cut-off date mentioned in the above notification. Further it can be seen from each of the firs filed by the concerned police that the petitioners have not committed any offences much less producing a false certificate. The caste shown by them as nayaka, beda and valmiki, pertains to the same caste and as per the central government notification dated 19-4-1991, they belong to the schedule tribe. ( 5 ) IN a Similar Matter this Court in Shanta v State of Karnataka and another , has held that beda and nayaka are not two different communities, both names are synonyms and therefore there is no question of any false declaration if the person involved shows that either he belongs to beda or nayaka caste by interchanging the names. ( 6 ) IN my opinion, no useful purpose will be served in continuing the investigation against the petitioners under each fir filed before the courts. It is in the interest of Justice where this court should exercise its jurisdiction under Section 482, Cr. P. C. to quash the criminal proceedings in all these cases. All these criminal petitions are allowed and the proceedings initiated against the petitioners in all the three matters are quashed and consequently the firs are also quashed. --- *** --- .