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Karnataka High Court · body

2009 DIGILAW 1016 (KAR)

C. Lathadevi v. State by Ulsoor gate Police Station, Bangalore

2009-12-17

H.G.RAMESH

body2009
Judgment : 1. Sri B. Balakrishna, learned High Court Government Pleader is directed to take notice on behalf of the respondent. 2. Petitioner has sought for an order to quash the proceedings in FIR No.396 of 2008 initiated by the Ulsoor Gate Police Station, Bangalore. 3. The said FIR was filed against the petitioner alleging that she obtained a false Caste Certificate from the Tahsildar as ‘Kaadu Kuruba of Scheduled Tribe” and after obtaining the said certificate, by producing the same, she joined the services in the Department of Women and Child Welfare Development in the year 1981. Thereafter, on verification, it is found that the petitioner does not belong to “Kaadu Kuruba of Scheduled Tribe”, but originally belongs to “Kuruba” community which falls under OBC and the disciplinary proceedings were initiated against her. Therefore, a case was also filed against her for the offences punishable under Sections 196, 198 and 420 of the Indian Penal Code, 1860 and also under Section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. Heard. 5. Learned Counsel for the petitioner submits that in view of the G.O. issued by the Government of Karnataka dated 11-3-2002, the persons who were similarly placed have been exempted from prosecution subject to surrendering of the Caste Certificate obtained by them and also not to claim further promotion on the basis of the Certificate obtained, the same benefit may be extended to this petitioner also. 6. In the Government Order No. SWD 713 SAD 93, dated 11-3-2002, it is noticed that that the persons who obtained benefits claiming that they belonged to ’Kaadu Kuruba’ of ST, although they belonged to ‘Kuruba’ community is OBC, have been exempted from prosecuting with a condition that they shall surrender the certificate and shall not claim further promotion on the basis of the said certificate. It is stated that the petitioner has now surrendered the said certificate. In view of the same, the petitioner is entitled for the benefit granted by the Government in the said G.O. dated 11-3-2002. 7. Under these circumstances, the petition is allowed and the FIR filed against the petitioner is hereby quashed. Learned HCGP is permitted to file his memo of appearance within four weeks from today.