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Karnataka High Court · body

2009 DIGILAW 614 (KAR)

HUCHURAYA SWAMY v. STATE OF KARNATAKA

2009-08-11

SUBHASH B.ADI

body2009
ORDER In both the petitions, petitioners claimed that, the case has been registered against them in Crime Nos. 144 and 119 of 1989 for the offence punishable under Sections 198 and 420 of the Indian Penal Code, 1860 read with Section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The allegation against the petitioners is that, they had produced false caste certificate. Based on which they had sought for service benefits. It is submitted that, Government has issued a Notification dated 11-3-2002, inter alia dropping the prosecution in respect of the allegation of production of false caste certificate seeking the service benefits subject to surrender of caste certificate and not claiming any benefit under the same. 3. Learned Counsel for the petitioners submitted that, petitioners have surrender the caste certificate and they are not making any claim or benefit under the reserved category. 4. In view of the same, these petitions are allowed in terms of the Government Notification dated 11-3-2002 and also in terms of the order passed by this Court in Criminal Petition No. 252 of 2009, dated 25-52009.