The Karnataka High Court held that if persons not belonging to the Scheduled Caste/ Schedule
Tribe obtains a false caste certificate, they cannot be prosecuted under Section 3(1)(x)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
A single-judge bench of Justice Sreenivas Harish Kumar, while discharging two accused Yamuna and Vijyasa said,
“If a false caste certificate is obtained by persons not belonging to Scheduled Caste/Scheduled Tribe by giving wrong information, it does not mean that public servant is induced to take action against a member of Scheduled Caste/Scheduled Tribe”.
Factual Background
The petitioners were prosecuted for the said offence on the allegation that they produced false caste certificates to show that they belonged to the Marathi caste which comes under the Scheduled Tribe category.
A charge sheet was filed for the offence under Section 3 (1) (x) of the Act. The petitioners filed applications under Section 227 Cr.P.C. seeking their discharge.
Case of the Petitioners
The counsel for the petitioners submitted that the caste certificates were issued in the years 1977 and 1983. When the caste certificates were issued, the Act was not in existence. It was enacted in this year 1989. Thus it was not an offence at the time when the caste certificates were issued.
Case of the Prosecution
The counsel for the prosecution stated “It is by the Trial Court that at the time of framing charge, only materials available on record should be considered to find out whether there is a case framing of charge or not. It is not necessary for the court to consider whether the accused is going to be convicted or not and such a conclusion can be drawn only after holding the trial.
Further, the trial court has referred to some of the authorities that the petitioners have now relied upon for dismissing the applications under Section 227 of Cr.P.C. There are no infirmities in the order.
Observation of the Court
First and foremost the Court noted,
“There is no dispute that these caste certificates were issued in 1977 and 1983. Therefore it becomes very clear that when the caste certificates were issued, the Act had not been enacted at all, it came into force from 30.1. 1990."
“In this case, apparently the trial court has not exercised jurisdiction under section 227 of Cr.P.C. under an erroneous impression that only the High Court can quash the charge sheet. Indeed the High Court can quash the charge sheet and at the same time if the discharge is sought under Section 227 of Cr.P.C., the Sessions Court or the Special Court can discharge an accused if no offence is constituted”.
Accordingly, it allowed the petitions and discharged the accused.
Case Details
Before: Karnataka High Court
Case Title: Yamuna v. the State
Coram: Hon’ble Mr Sreenivas Harish Kumar
Read Order@LatestLaws.com
Picture Source :
