- 1 - NC: 2025:KHC:11975 CRL.P No. 2344 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2344 OF 2024 BETWEEN: 1. SHRI GOPINATH SHETTY S/O SUBBAYYA SHETTY AGED ABOUT 80 YEARS R/O PERUVAJE HOUSE BELLARE, SULLIA TALUK DIST: DAKSHINA KANNADA-574 212. 2. SRI BOLLURU RADHAKRISHNA GOWDA AGED ABOUT 60 YEARS 3. SMT. MADHUMATHI W/O BOLLURU RADHAKRISHNA GOWDA AGED ABOUT 58 YEARS 4. SHRI RASHMITH S/O BOLLURU RADHAKRISHNA GOWDA AGED ABOUT 25 YEARS PETITIONER NOS.2 TO 4 ARE R/O: BOLLURU HOUSE AMARAPADNOOR VILLAGE SULLIA TLAUK DIST: DAKSHINA KANNADA-574 212. …PETITIONERS (BY SRI. G B. SHASTRY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA TROUGH PUTTUR TOWN POLICE STATION REPRESENTED BY SPP Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11975 CRL.P No. 2344 of 2024 HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. PARVATHI D. SHETTY W/O DEVADAS SHETTY AGED ABOUT 64 YEARS R/O DEVARA MARUMANE PERUVAJE VILLAGE AND POST SULLIA TALUK DIST: DAKSHINA KANNADA-574 212. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. B.S. SACHIN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.01.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR IN PCR NO.05/2024 BY WHICH THE LEARNED ACJM DIRECTED REGISTERING OF PRIVATE COMPLAINT AND REFERRED THE MATTER TO THE PSI, PUTTUR TOWN TO INVESTIGATE AND SUBMIT A REPORT AS PER SECTION 156(3) OF THE CRL.P.C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners—Accused Nos. 1 to 4—challenge the registration of the FIR for offences punishable under Sections 120B, 205, 420, 464, 468, and 471 read with Section 34 of the Indian Penal Code. 2. The 2nd respondent filed a private complaint under Section 200 of the Cr.P.C., stating that Petitioner No. 1 had filed an appeal under Section 26(a) of the - 3 - NC: 2025:KHC:11975 CRL.P No. 2344 of 2024 Karnataka Grama Swaraj and Panchayat Raj Act, seeking cancellation of the door number assigned to a house that the complainant claimed to be in her possession. In the said proceedings, the accused produced an affidavit purportedly executed by one Shri A. Subbaraya Bhat, the predecessor in title of the property owned by the complainant. The affidavit stated that Shri A. Subbaraya Bhat had demolished the building before transferring the property to the complainant’s vendor. The complainant alleged that the affidavit was filed by forging the signature of Shri A. Subbaraya Bhat, and based on the said affidavit, the Chief Executive Officer allowed the appeal. The learned Magistrate, after perusing the complaint, referred the matter to the police for investigation under Section 156(3) of the Cr.P.C. 3. Heard the learned counsel for the parties. 4. A perusal of the order passed by the Trial Court indicates that the learned Magistrate had not formed an opinion before referring the complaint to the police for investigation under Section 156(3) of the Cr.P.C., which clearly implies that the order was passed without due application of mind. 5. Accordingly, the petition is allowed. The impugned order dated 20.01.2024, passed by the Prl. Senior Civil Judge and ACJM, Puttur, in PCR No.05/2024, and the subsequent registration of the FIR in Crime - 4 - NC: 2025:KHC:11975 CRL.P No. 2344 of 2024 No.15/2024 by the Puttur Town Police Station, are hereby quashed. The learned Magistrate is directed to pass a fresh order in accordance with the law. Pending I.A. No. 1/2024 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 3