Partly allowed

Dinakar v. the State of Karnataka

Karnataka HC1 Oct 2020CRL.P/101797/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka under Section 482 Cr.P.C. quashed criminal proceedings initiated when the petitioner held a valid Schedule Caste certificate, pending the outcome of a writ appeal regarding the certificate's cancellation and community classification, while reserving liberty to prosecute if fraud is later proven.

What did the court decide?

Quashing of criminal proceedings in Crime No.171/2014 with a proviso to initiate prosecution if fraud is found in the obtaining of the caste certificate.

Dinakar Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 01^ST DAY OF OCTOBER, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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Crl.P.NO.101797/2014

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Between:

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Dinakar S/o.Parameshwar Baidanamane, Age 38 years, Advocate, R/o. Mundalli, Tq.: Bhatkal, Uttara Kannada District.

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… Petitioner

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(By Shri R.G. Hegde, Advocate)

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And:

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The State of Karnataka, By PSI, Bhatkal Town Police, Bhatkal, Uttara Kannada.

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Addl. Director General of Police, Directorate of Civil Rights, Enforcement, Mangalore Region, 3^rd Floor, Mangalore Development Authority Building, Urva Store, Mangalore-575 006, South Canara District.

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… Respondents

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(By Shri Ramesh Chigari, Advocate for R1; Shri C.Jagadish, Special Counsel for R2)

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This criminal petition is filed under Section 482 of Cr.P.C. seeking to call for the entire proceedings in Crime NO.171/2014 on the file of the District and Sessions Judge and Special Judge, Uttara Kannada and quash the entire criminal proceedings and allows this petition.

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This petition coming on for final hearing, this day, the Court made the following:

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ORDER

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The petitioner claims to belong to Moger community. There has been checkered history of various litigations in the past. However, the short question that arises in the present matter is whether the criminal proceedings initiated in the year 2014, with the caste certificate issued in favour of the petitioner stating that he belongs to Moger community, which is a Schedule Caste at Sl.No.78 of the SC/ST (amendment) Act, 1976 is maintainable when the said certificate came to be cancelled only on 08.02.2019.

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It is in this background, Shri R.G. Hegde, learned counsel for the petitioner would submit that no criminal proceedings could have been initiated as long as the caste certificate is valid. He further submits

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that the cancellation of the caste certificate is also challenged by the petitioner in W.P.No.107008/2019, wherein an interim stay has been granted. Thus, he submits that by issuance of the order of stay by this Court, the caste certificate earlier granted continues to be in force and therefore, no criminal proceedings could be continued against him.

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Shri C.Jagadish, learned Special Counsel for respondent No.2 would submit that there are two communities, which come under the name of Moger, out of which one is Schedule Caste and other is not and this matter is required to be considered and is the subject matter of W.P.No.107008/2019. Hence, he submits that the criminal proceedings are required to be continued.

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Heard Shri R.G. Hegde, learned counsel for the petitioner, Shri Ramesh Chigari, learned HCGP for respondent No.1 and Shri C.Jagadish, learned Special counsel for respondent No.2. Perused the papers.

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The short dispute is that the criminal proceedings are initiated prior to cancellation of the caste certificate, whether there are two communities which go by the said name or not and whether one of them is a Schedule Caste or not is under determination in W.P.No.107008/2019.

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Be that as it may. As on the date of which the criminal proceedings were initiated against the petitioner in the year 2014. The caste certificate issued in his favour was valid. Hence, I am of the considered opinion that no criminal prosecution could have been initiated in the teeth of the subsisting caste certificate. Hence, the criminal proceedings in Crime No.171/2014 on the file of Prl. District and Session Judge, Uttara Kannada, is hereby quashed. Subject however reserving liberty to the second respondent to initiate prosecution as against the petition in the event of there being a finding in W.P.No.107008/2019 that the caste

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certificate was obtained by the petitioner by fraud or otherwise.

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The petition is partly allowed.

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Sd/JUDGE

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Vnp*

Dinakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dinakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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