Petition seeking quashing of FIR alleging a false 'BANDI' caste certificate used to obtain bank employment. A similar petition by the same petitioner had already been dismissed on merits; the court held it was not bound to follow a later co-ordinate bench order and dismissed the petition.
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NC: 2024:KHC-D:12972 CRL.P No. 103532 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M.G.UMA
CRIMINAL PETITION NO. 103532 OF 2022
BETWEEN:
DAMODHAR GOVIND IDOORKAR S/O LATE GOVIND DAMO BANDI, AGED ABOUT 61 YEARS, R/O FLAT NO.8, BUILDING NO.1 UDAYA SINGH NAGAR, NEW PALACE ROAD, KOLHAPUR, MAHARASHTRA STATE.
…PETITIONER
Digitally signed by NANDINI B G Location: high court of karnataka
(BY SRI. SANGRAM .S. KULKARNI, ADVOCATE (VC))
AND:
…RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 (VC)
SRI. C. JAGADISH, ADVOCATE FOR R2 (ABSENT))
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH REGISTRATION OF FIR IN NO.0021 DATED 21-
02-2007 BY THE KARWAR TOWN POLICE STATION. PUNISHABLE U/S 198, 199, 200, 420 OF IPC.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER
The petitioner/accused is before this Court seeking to quash the FIR in Crime No.21/2007 by the Karwar Town Police Station, for the offence punishable under Sections 198, 199, 200, 420 of IPC, in the interest of justice.
informant/Dy.S.P. lodged the first information against the petitioner contending that he provided false information and made false declaration to the Tahasildar, Karwar and obtained caste certificate to the effect that he belongs to ‘BANDI’ caste which constitute Scheduled Caste. On the basis of the said Caste Certificate, which is falsely obtained, the accused secured the job in Canara Bank. Now he has already been retired from the service after attaining the age of superannuation. In the meantime, the District Caste Verification Committee passed an order holding that the caste ‘BANDI’ falls under Category-II-A and not under Scheduled Caste. Since the petitioner herein
had availed the benefits of being Scheduled Caste, on the basis of the false information given to the effect that he belongs to Scheduled Caste, the Tahasildar, Karwar passed an order cancelling the caste certificate issued in favour of the petitioner. The said order of the Tahasildar was called in question before this Court in W.P.No.16782/2006. It is stated that the said writ petition came to be disposed of on 16.09.2020, reserving liberty to the petitioner to approach the Assistant Commissioner under Section 4-B of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 (for short ‘the Act’). It is stated that after approaching the Assistant Commissioner, now the petitioner is again before this Court seeking to quash the criminal proceedings.
the Co-ordinate Bench of this Court in Crl.P.No.102039/2018 allowed the similar petition and FIR registered in Crime No.
123/2018 of Karwar Town Police Station was quashed and therefore, the present petition is also required to be allowed in the interest of justice.
“Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?"
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
in Crl.P.No.1335/2007, seeking similar relief of quashing the FIR referred to above. The said petition was dismissed on merits vide order dated 20.07.2021. The specific opinion was
formed that the petition filed by the petitioner was premature and that there are no reasons to interfere in the matter. In spite of that, the petitioner has filed this petition only on the basis of subsequent order passed by the Co-ordinate Bench of this Court dated 13.06.2022 in Crl.P.No102039/2018 to contend that the Court has to follow the subsequent decision of the Co-ordinate Bench of this Court to undo the effect of the order dated 20.07.2021 passed by this Court. I do not find any merit in such submission. The petitioner cannot compel this Court to follow the order of the Co-ordinate Bench of this Court, which was passed subsequent to dismissal of the petition field by him.
ORDER
The petition is dismissed.
Sd/(M.G.UMA) JUDGE
SPV
List No.: 19 Sl No.: 1
1 issue framed by the court
Whether the petitioner made out grounds to quash the FIR in Crime No.21/2007 for offences under Sections 198, 199, 200 and 420 IPC relating to a false caste certificate.
3 provisions across 3 enactments
Damodhar Govind Idoorkar
State of Karnataka, represented by Public Prosecutor, High Court Building, Dharwad, through Karwar Town P.S.
C. Mohandas, Deputy Superintendent of Police, Nahapani, Belgaum
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
