Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15776 CRL.P No. 3258 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3258 OF 2025 BETWEEN:
SRI. MANJEET JAIN, S/O MANILAL JAIN, AGE 46 YEARS, OCC: BUSINESS, R/O H. NO. 0480, ARJUN COLONY 2ND PHASE, RANI CHANNAMMA NAGAR, BELAGAVI - 590 008. …PETITIONER (BY SRI. VENKATESH DALWAI, ADVOCATE) AND:
1.
STATE OF KARNATAKA VIDHANA SOUDHA POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01.
2.
THE UNDER SECRETARY, DEPARTMENT OF EDUCATION (PRIMARY), M.S. BUILDING, DEVARAJU ARASU ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. M.R. PATIL, ADVOCATE FOR R1 AND R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIRST INFORMATION REPORT BY THE VIDHANA SOUDHA POLICE STATION BANGALORE RESPONDENT NO. HEREIN IN CRIME NO.0018/2025 PENDING IN THE FILE OF 41ST ACJM COURT BANGALORE CITY AT BANGALORE FOR THE OFFENCES P/U/S. 420, 465, 471, 468 OF IPC PRODUCED AT ANNEXURE -A (IN SO FAR AS PETITIONER IS CONCERNED).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:15776 CRL.P No. 3258 of 2025
ORAL ORDER
1. The petitioner challenges the registration of the FIR for the offences punishable under Sections 420, 465, 471, and 468 of the IPC.
2. Respondent No.2 lodged the FIR alleging that Accused No.1-School uploaded a self-certification proforma on the website along with No Objection Certificates issued by the competent authority for establishing the CBSE course, and that the No Objection Certificate bearing No. PS/157/DPS/2023 is a fabricated document.
3. Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State.
4. The petitioner has annexed a copy of the Memorandum of Understanding entered into between Accused No.1-School and Accused No.2. Clause 5 of the said Memorandum of Understanding reads as follows:
“NOC, Recognition Certificate, Land Certificate, Fire Safety Certificate, Building Safety Certificate, Society / Trust / Company Registration / DEO / Self Declaration should be availed by the PARTY OF THE FIRST PART and duly signed by the Principal and Manager of the PARTY OF THE FIRST PART.”
5. Therefore, the Principal/Manager and the authorized signatory of Accused No.2 were solely responsible for uploading the allegedly fabricated No Objection Certificate. There is no
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NC: 2025:KHC:15776 CRL.P No. 3258 of 2025
material on record to substantiate that the petitioner/accused connived with Accused No.2 in creating the said fabricated certificate. The petitioner/Accused No.1 has been arraigned solely based on the complainant’s averment that the petitioner uploaded the self-certification proforma. In the absence of any specific allegation attributing the fabrication or conspiracy to the petitioner, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law.
6. Accordingly, I pass the following:
ORDER
i. Criminal petition is allowed.
ii. The impugned proceedings in Cr.No.0018/2025 pending on the file of 41st ACJM Court Bangalore City, Bangalore insofar as it relates to petitioner/accused No.1 is hereby quashed
iii. Respondent No.1 to proceed against accused No.2 in accordance with law.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
RKA List No.: 1 Sl No.: 26 CT: BHK