IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25” DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITON No.7676 /2010 BETWEEN: Smt Tej aswini Veerabhadrayya Hiremath, Age: about 46 years, 0cc: Service. Rio Gadhinglaj, Ta! & Dist: Koihapur, Maharashtra. Petitioner (By Shri Vitthal S. Teli, Advocate) AND: 1. State of Karnataka, Represented by the Chikodi Police. Chikodi Police, Dist: Belgaurn. 2. The Police Inspector, CID, Civil Rights Enforcement Directorate, Belgaurn Cell, Belgaum-590 016. ... Respondents 2 (By Sri Anand Kumar Navalgimath, GP) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the charge sheet at Annexure-C filed in Spl. Case No.137/2009 pending on the file of the III AddI. Sessions Judge (Spl.Judge), Belgaum, and all further proceedings pursuant thereto against the petitioner. This petition coming on for admission this day, the Court made the following: ORDER Heard the leaned Counsel for the petitioner and the learned Government Pleader. The petition coming on for admission, is considered for final disposal by consent. 2. The petitioner herein belongs to ‘Beth Jangama’ caste which is a scheduled caste. The petitioner had obtained a Caste Certificate on 7.9.1993 certi1ing her caste, from the Tahasildar, Chikodi, Belgaum District On the basis ofthe said Caste Certificate, the petitioner was appointed as a teacher. One Smt Nanda Babu Hosamani of Gokak, Dist: Belgaum, is S said to have lodged a complaint with the St respondent, Chikodi Police, Belgaum District, to the effect that the petitioner actually belongs to ‘Hindu Lingayat’ caste and she does not belong to ‘Beda Jangama’ caste and further alleging that the petitioner had obtained the alleged Caste Certificate fraudulently. 3. On the basis of the said complaint, the 1 st respondent is said to have registered a case in Crime No.139/2005 for the offences punishable under Sections 196, 198 and 420 of the Indian Penal Code before the Chikodi Police Station, on a complaint dated 22.6.2005. The Additional Director General of Police, Directorate of Civil Rights Enforcement Cell, Bangalore, had directed an inquiry on the basis of the said complaint and on the basis of the inquiry conducted by the 2 nd respondent, viz., the Sub Inspector of Police, CID, Civil Rights Enforcement Directorate, Belgaum Cell, has filed a charge sheet for the aforesaid offences read 4 with Section 3(1)(ix) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the petitioner. The same is said to be pending before the Ill Addl. Sessions Judge (Spl.Judge), Belgaum, in S.C.No.137/2009. 4. The learned Counsel for the petitioner would submit, that on the basis of the charge sheet having been submitted, the court below has taken cognizance of the offence and has issued summons to the petitioner. It is in that background that the present petition was filed. The learned Counsel for the petitioner would submit, in so far as the controversy regarding the petitioner’s caste is concerned, there is a Government Order dated 11.3.2002 whereby it is stated that the persons similarly situated as the petitioner and who seek to claim the benefit of Schedule Caste, and who were denied the said benefit on the ground that they actually belong to Hindu Lingayat caste, but who have already secured employment by producing such false certificates, their appointments shall not S S be disturbed. However, the Government has by the above said order, held that the persons who have secured employment by producing the such Caste Certificates issued by the competent authority to confer the benefit as a member of the Schedule Caste, their appointment shall not be disturbed subject to the condition that such person shall surrender the Caste Certificate secured by them, since they are no longer considered as belonging to members ofthe said Scheduled Caste. He submits that, as it has been held that the caste to which the petitioner belongs, actually is a member of Hindu Lingayat community, by virtue of the said Government Order the petitioner is in a position to surrender the Caste Certificate and in which event, the criminal proceedings would have to abate and further the benefit ofthe employment conferred on the petitioner by virtue of the said Caste Certificate cannot, however, be taken away. The petitioner in furtherance ofthe said Government Order has surrendered the Caste Certificate and that the steps are required S 6 ‘9 to be taken in fUrtherance thereof and therefore, the very proceedings would not be maintainable. 5. In view of the fact that the petitioner claims that the petitioner would be entitled to the benefit of the Government Order dated 11.3.2002 and in pursuance of which the petitioner is said to have taken steps, it is open for the petitioner to complete the process of either surrendering and to obtain appropriate endorsement as to the petitioner’s continued employment as a teacher, on the basis of the above certificate and to produce the same before the Special Judge at the appropriate time, which the Special Judge shall consider in due course. 6. Recording the submission made by the learned Counsel for the petitioner, the petition shall stand disposed of. The Court of III AddI. Sessions Judge, Belgaum, is directed to afford an opportunity to the petitioner to produce the material as claimed, by virtue of the Government Order dated 11.3.2002, 7 within a reasonable time and to take further steps in accordance with law, depending on the petitioner obtaining such exemption as claimed. Accordingly, the petition stands disposed of. Sd! IUDGE Sub!