ORDER : I have heard the arguments of the petitioner’s counsel and also the learned AGA for respondent-No.2. Though respondent No.1 was served with notice he did not choose to appear before this Court. 2. The petitioner invoking writ jurisdiction under Article 226 of the Constitution of India r/w Section 482 of Cr.P.C. prayed this Court to quash the proceedings initiated against this petitioner in filing the charge sheet in Special C.C.(AC) No.25/2018 pending on the file of the District and Sessions Judge, Koppal and to quash the further proceedings including the order taking cognizance dated 25/6/2018 against this petitioner and pass such any other relief as deems fit, in the facts and circumstances of the case. 3. The factual matrix of the case is that petitioner has completed Degree in Veterinary Science in the year 1992. The petitioner contends that the Karnataka Public Service Commission called for applications to the post of Veterinary Officers and the petitioner applied to the said post claiming reservation under Bedajangama community. However, the Karnataka Public Service Commission rejected his claim that he is not belongs to scheduled caste in the year 1993. In the mean time, respondent-Department called for applications to the post of veterinary officers on contract basis and he reported to duty on 27/9/1994. and the Government of Karnataka also notified 235 posts of Veterinary Officer for continuation on contract basis from time to time under four stages. The other contention of the petitioner that Government notification dated 2/5/1997 promulgated the rules called Karnataka Civil Services (Absorption of Contract Veterinary officers in Animal Husbandry and Veterinary Services) (Special) Rules 1997 and absorbed all contract veterinary officers including petitioner herein and the Director issued circular in the month of October 1995 informing and directing all persons who have claimed reservation to produce caste certificate to fix the roaster. Petitioner had obtained caste certificate claiming III(B) Certificate (Lingayat) on 1/8/1995. When the petitioner was directed to produce the caste certificate immediately, produced the caste certificate informing that he belongs to III(B) category and absorbed his service and thereafter, the Government has issued Notification dated 16/6/1997 absorbed him for a period of 2 years subject to certain conditions and the petitioner has passed prescribed examination and thereafter, declared his probationary and his service book is also maintained. His service book would also indicates that he has never claimed reservation under the Scheduled caste category and the Director has also issued seniority list of veterinary officer and there also he has been shown under the General Merit category. All these facts would establish that the petitioner never claimed reservation under SC category and department also recognized that the petitioner was not appointed by virtue of any relaxation or benefit given to a scheduled caste category. The name of the petitioner at Sl.No.34 belonging to General Merit category and not under the SC category. It is further contended that when the things stood thus, to the utter shock and surprise of the petitioner, the petitioner was dismissed from service on the presumption and assumption that petitioner herein had obtained employment claiming reservation under SC category by producing false caste certificate that he belongs to Bedajangama which was later in the year 2009 cancelled by the Tahasildar, Koppal Taluk. The petitioner being aggrieved by the Order of dismissal from service, has approached the Hon’ble Karnataka State Administrative Tribunal in Application No.5755/2018 seeking to quash the order of dismissal and interim order was also granted and the said application is pending for consideration. It is the contention of the petitioner that petitioner was actually appointed under General Merit category on contract basis and subsequently, absorption order was issued and nowhere in the service records shown that he belongs to SC category and he never misrepresented the Government that he belongs to SC category. In the meanwhile, on the same set of allegation that petitioner has obtained employment by producing false caste Certificate, the Additional Director General of Police, Directorate of Civil Right Enforcement, Bangalore by order dated 22/4/2015 has accorded permission for launching criminal prosecution. Based on the said permission, filed a complaint on 5/5/2015 before the Station House Officer, Koppal City Police station alleging that the petitioner has obtained employment by producing false caste certificate. Based on the said complaint, case has been reasserted against the petitioner for the offence punishable under Section 198, 420 and Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. Based on the said complaint, case has been reasserted against the petitioner for the offence punishable under Section 198, 420 and Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. On the basis of the first information the respondent herein has conducted the investigation and has submitted the charge sheet for the offences punishable under Sections 198, 420 Section 3(1)(ix) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 5. It is the case of the petitioner also that the Court below without examining the charge sheet and without application of mind, has taken the cognizance of the offences alleged against the petitioner vide order 25/6/2018. The main contention of the petitioner that the very initiation of proceedings before the Court below stand vitiated on multiple grounds and the first ground is that the entire investigation is carried out by the respondent-Police Inspector. He was not authorized to carry out the investigation for the offences punishable under the Act 1989 and under Rule 7 of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Rules, 1995 no officer below the rank of Deputy Superintendent of Police is empowered to investigate and only Deputy Superintendent of Police who are authorised by the State Government /Director General of Police /Superintendent of Police are empowered to investigate and none else is competent to investigate. Hence, there is legal prohibition created by virtue of Rule 7 of the said Rules, which is mandatory. The other contention that even otherwise none of provisions as mentioned in the FIR or in the charge sheet are attracted. There is no any whisper in the complaint as to any harm or annoyance or injury caused to any member of the Scheduled caste or Schedule Tribe and the lower Court has also failed to apply its mind before taking cognizance. There are no ingredients to invoke Section 420 of Cr.P.C. or 198 or Section 3(1)(ix) of the SC/ST Act, 1989. The entire investigation and criminal prosecution is vitiated by legal infirmities and prayed this Court to quash the order of taking cognizance and also initiation of proceedings against this petitioner. 6. There are no ingredients to invoke Section 420 of Cr.P.C. or 198 or Section 3(1)(ix) of the SC/ST Act, 1989. The entire investigation and criminal prosecution is vitiated by legal infirmities and prayed this Court to quash the order of taking cognizance and also initiation of proceedings against this petitioner. 6. Petitioner’s counsel in his arguments also he brought to my notice the charge sheet which is marked as Annexure-A and contends that charge sheet is filed by the Police Inspector and no investigation is conducted by the Dy.S.P. and also brought to my notice the order sheet of the Lower Court with regard to taking of cognizance under Annexure-B. Counsel also relied upon the proceedings for appointing the petitioner on contract basis and also brought to my notice the order of absorption and so also seniority list which has been issued by the Government also contends that the very initiation of proceedings against the petitioner is bad in law and the investigation is also against Rule 7 of the SC/ST Rules and the materials collected by the Investigating Officer also does not disclose anything about the petitioner has taken the advantage of representing that he belongs to SC Community and his name has been shown in the seniority list also as against the General Merit Category and hence, prayed this Court to quash the proceedings initiated against this petitioner. 7. In support of his contention also he relied upon the judgment of the Apex Court in the case of State of Andhra Pradesh Vs. Viswanadula Chetti Babu reported in (2010) SCC 103 held that Rank of police officer specified being Deputy Superintendent of Police. Further, observed that investigation made by an Assistant Sub-Inspector of Police -impermissibility held that in view of the clear mandate of the rules, it was only a specified Deputy Superintendent of Police who could investigate an offence under the Act – Any officer below that rank and not specified as per Rule 7 would not be entitled to investigate any such offence. The counsel also relied upon the another judgment in support of his contention and also produced the order passed by this Court in Crl.P.No.2101/2009 between Basavaraja Vs. The counsel also relied upon the another judgment in support of his contention and also produced the order passed by this Court in Crl.P.No.2101/2009 between Basavaraja Vs. State of Karnataka with regard to the conviction recorded for the offence punishable under Section 3(1)(x) of the Special Act is vitiated for the reason that investigation of the case was carried out by the officer below the rank of Deputy Superintendent of Police and answered in affirmative and acquitted the accused for the offences. 8. The counsel relying upon this order and also the Supreme Court judgment contends that the very initiation of proceedings is not sustainable under the eye of law. 9. Per contra counsel appearing for the State in his arguments he contends that based on the complaint case has been registered and also contends that he was dismissed from service and the same has been questioned and the matter is pending before this Court and this Court by invoking Section 482 of Cr.P.C. cannot quash the proceedings. Further, fairly submits that investigation is conducted by the Police Inspector in the case on hand. 10. Having heard the petitioner’s counsel and also the learned AGA this court has to examine whether this Court can exercise powers under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioner. 11. Admittedly, there is no dispute with regard to the fact that charges leveled against the petitioner is that he has taken advantage that he belongs to SC community and offence is invoked under Section 198 and under Section 420 of IPC and also 3(1)(ix) of SC/ST Act. The rule is specific that if any investigation in respect of any offences committed under the Act shall be investigated by a police officer not below the rank of Deputy Superintendent of Police. The investigation officer shall be appointed by the State Government, Director General of Police. Superintendent of Police after taking into account his past experience sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time and further provision says with regard to time limit and the concerned authority shall review by the end of every quarter the position of all investigations done by the Investigating officer. 12. 12. Having read the Rule 7 of the said Rules 1995, it is clear that investigation shall be investigated by police officer not below the rank of Deputy Superintendent of Police and in the case on hand, the entire investigation is conducted by the Police Inspector and there is no any special order permitting him to or authorizing him to conduct investigation and it is not the case of the prosecution that he was specially authorized or permitted to conduct the investigation and statute also specifically bars the investigation not below the rank of Deputy Superintendent of police. When such being the fact on hand, the very investigation conducted by the police inspector is bad in law and hence, on the first ground proceedings has to be quashed. 13. The other contention that he was appointed at the first instance on contract basis and subsequently, absorption order was also issued and after passing the prescribed examination, his probation was also declared, the factual materials disclose that he was dismissed from service and the same has not been questioned before the competent authority and stay was granted and he continued in service and the matter is pending. Apart from that, a criminal proceedings is initiated against this petitioner and the petitioner’s counsel in his arguments he brought to my notice the order of appointment on contract basis and also the order of absorption and subsequently, his seniority is also made as per the merit and no such document discloses that his appointment was made based on his caste certificate and he was in the general category. Petitioner also submit that before conformation, he was asked to furnish document and hence, he has furnished the document of III(b) category certificate and when such being the circumstances and when the petitioner has not taken any advantage of the particular caste that too SC community, question of invoking Section 3(1)(ix) of the SC/ST Act also does not arise. Petitioner also submit that before conformation, he was asked to furnish document and hence, he has furnished the document of III(b) category certificate and when such being the circumstances and when the petitioner has not taken any advantage of the particular caste that too SC community, question of invoking Section 3(1)(ix) of the SC/ST Act also does not arise. Apart from that whether ingredients of either Sections 198 or 420 of IPC also that is only with regard to if he has taken the advantage and he is a beneficiary claiming the said reservation and got an appointment, then the ingredients of Sections 198 and 420 of IPC also attracted or otherwise ingredients of those provisions does not attract and petitioner also succeed in other ground also that he did not get the appointment on the basis of the SC caste certificate, particularly obtaining the caste certificate of SC community and also the matter is also pending before this Court with regard to taking of the action against him. The very order of dismissal is also challenged and the same pending before the Court and such being the matter, the very initiation of proceedings against the petitioner is nothing but an a abuse of process and also it leads to miscarriage of justice and hence, it is appropriate to invoke Section 482 of Cr.P.C. to quash the proceedings. Having considered the factual aspects and also the grounds urged before this Court and also in view of the discussions made above, I pass the following: ORDER The writ petition is allowed. Issue a writ of certiorari quashing Annexure-A i.e the charge sheet filed by the I.O. and also Annexure-B taking cognizance for the offence punishable under Sections 198 and 420 and Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.