Karnataka High Court
Smt. Saila vs The State Of Karnataka on 15 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:596
CRL.P No. 101283 of 2022
C/W CRL.P No. 103264 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 101283 OF 2022 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 103264 OF 2022
IN CRL.P.NO.101283 OF 2022:
BETWEEN:
1. SMT. SAILA
AGE. 32 YEARS, OCC. VILLAGE ACCOUNTANT,
R/O. KALAL BANDI CIRCLE, CHALAGIRI,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
2. SRI. R.L.MUSTAFA
AGE. 48 YEARS,
OCC. REVENUE INSPECTOR,
HANAMSAGAR CIRCLE, HANAMSAGAR,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
...PETITIONERS
(BY SRI. S.M. KALWAD AND
SRI.JAYANT KAMBALI, ADVOCATES)
Digitally signed by B
AND:
K
MAHENDRAKUMAR
BK Location: HIGH 1. THE STATE OF KARNATAKA
MAHENDRAKUMAR COURT OF
KARNATAKA
DHARWAD BENCH REP. BY PSI, TOWN POLICE STATION,
Date: 2025.01.17
16:32:43 +0530 KUSHTAGI, THROUGH ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
2. VENKOB RAO S/O. GUNDE RAO KULKARNI
AGE. 83 YEARS, OCC. PENSIONER
AND AGRICULTURE, R/O. KALALBANDI,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
3. SRI. V. BADARINARAYAN
S/O. VENKOB RAO KULKARNI,
AGE. 51 YEARS, R/O. CHIKAGO U.S.A,
THROUGH GPA VENKOB RAO
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NC: 2025:KHC-D:596
CRL.P No. 101283 of 2022
C/W CRL.P No. 103264 of 2022
S/O. GUNDE RAO KULKARNI,
R/O. KALALBANDI, TQ. KUSHTAGI,
DIST. KOPPAL-583177.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO, QUASH THE ORDER OF TAKING COGNIZANCE
DATED 10.02.2016 PASSED BY THE COURT OF CIVIL JUDGE AND
JMFC, KUSHTAGI IN CC NO.61/2016 FOR THE OFFENCE
PUNISHABLE FOR THE OFFENCE PUNISHABLE U/SEC. 197, 420,
463, 464, 465, 467, 468, 470, 471, R/W 34 OF IPC, IN SO FAR AS
PETITIONER (A2 AND A3) ARE CONCERNED.
IN CRL.P.NO.103264 OF 2022:
BETWEEN:
SRI. VIJENDRA RAO S/O. PRANESH RAO KULKARNI
AGE. 36 YEARS, OCC. AGRI. AND COOK,
R/O. KALALBANDI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
...PETITIONER
(BY SRI. K.H.BAGI,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT, DHARWAD BENCH,
DHARWAD-580011, THROUGH PSI KUSHTAGI PS.
2. SRI. VENKOB RAO S/O. GUNDE RAO KULKARNI
AGE. 80 YEARS, OCC. RETIRED PERSON,
R/O. KALALBANDI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE CHARGE SHEET IN CC NO.61/2016
(KUSHTAGI P.S. CRIME NO.154/2014) FOR OFFENCE U/S 197, 420,
463, 465, 467, 468, 470, 471 AND R/W SECTION 34 OF IPC DATED
01.08.2015 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC
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NC: 2025:KHC-D:596
CRL.P No. 101283 of 2022
C/W CRL.P No. 103264 of 2022
KUSHTAGI IN SO FOR AS PETITIONER IS CONCERNED, BY
ALLOWING THIS PETITION AND QUASH THE ORDER PASSED BY
THE PRINCIPAL CIVIL JUDGE AND JMFC, KUSHTAGI IN CC
NO.61/2016 FOR TAKING COGNIZANCE AGAINST THE
PETITIONER/ACCUSED NO.1 FOR THE OFFENCE U/S 197, 420,
463, 465, 467, 468, 470, 471 AND R/W SECTION 34 OF IPC AND
ISSUANCE OF PROCESS TO ACCUSED NO.1 IS CONCERNED
DATED 10.02.2016, BY ALLOWING THIS PETITION.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners-accused Nos.1 to 3 are being
prosecuted for offences punishable under Sections 120B, 197, 420,
463, 464, 465, 467, 468, 470, and 471 read with Section 34 of the
Indian Penal Code (IPC).
2. The prosecution alleges that accused No.1, who is the
complainant’s distant collateral brother, habitually usurps property
belonging to others by creating false documents. It is alleged that
accused No.1 and his father, taking undue advantage of the
complainant’s absence while residing in the United States, swore a
false affidavit stating that both complainants were deceased and
had left no heirs, thereby claiming that accused No.1 was the sole
legal heir. They allegedly created a false genealogy, which led to
the mutation of the property records in favor of accused No.1 by
deleting the complainants’ names, despite knowing they were alive.
It is further alleged that accused Nos.2 and 3 colluded with
accused No.1 to effect these changes in the revenue records.
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NC: 2025:KHC-D:596
CRL.P No. 101283 of 2022
C/W CRL.P No. 103264 of 2022
3. The service report indicates that respondent No.2,
Venkob Rao, son of Gunde Rao Kulkarni, is deceased. A death
certificate has been enclosed along with the service report.
4. Heard the learned counsel for the petitioners and the
learned Additional Government Advocate for respondent No.1 –
State.
5. The allegation against accused No.1 is that he created
a false affidavit to establish himself as the sole legal heir, claiming
the complainants were deceased. Accused Nos.2 and 3, who were
working as Revenue Inspector and Village Accountant,
respectively, are alleged to have colluded with accused No.1 by
substituting his name in the revenue records after deleting the
complainants’ names, even though they were alive.
6. The petitioners contend that before substituting
accused No.1’s name in the revenue records, a 30-day notice was
issued to the complainants on 10.02.2012, and the mutation entry
was effected on 18.03.2012. Therefore, the substitution of the
name of accused No.1 in the revenue records was in accordance
with the provisions of the Karnataka Land Revenue Act and the
rules framed thereunder. In the absence of any specific overt act
against the petitioners to show that they colluded with accused
No.1 in creating the false affidavit, and without the essential
elements constituting the alleged offences, the continuation of
criminal proceedings would amount to an abuse of process of law.
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CRL.P No. 101283 of 2022
C/W CRL.P No. 103264 of 2022
7. Additionally, the allegations against accused Nos.2
and 3 arise from acts performed in the course of discharging their
official duties. Therefore, under Section 197 of the Code of Criminal
Procedure (Cr.P.C.), prior sanction for prosecution ought to have
been obtained before proceeding against the petitioners.
8. In light of the above, and given the lack of specific
allegations or evidence implicating the petitioners in creating the
false affidavit or colluding with accused No.1, as well as the
absence of mandatory sanction under Section 197 of Cr.P.C., the
continuation of criminal proceedings against the petitioners would
be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) The petitions stand allowed.
ii) The impugned proceedings in CC No.61/2016 pending
on the file of the learned Civil Judge and JMFC, Kushtagi insofar as
it relates to the petitioners – accused No.1 to 3 is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
Ct:vh
List No.: 1 Sl No.: 0
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