- 1 - NC: 2025:KHC:1919 CRL.P No. 3444 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3444 OF 2023 BETWEEN: SRINIVASA UPADHYA AGED ABOUT 48 YEARS, S/O. GURURAJ UPADHYA B., R/AT 'SRI DURGA', RAMPURA KEMPTUR ROAD, ALEVOORU VILLAGE, UDUPI TALUK, UDUPI DISTRICT-577 201 …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. STATE BY UDUPI TOWN PS REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 2. DR. KRISHANANDA LAXMAN BHAT AGED ABOUT 80 YEARS, S/O LATE LAXMAN BHAT, R/AT FLAT NO.708, B BLOCK URBANA IRENE, OZONE, URBANA TOWNSHIP, DEVANAHALLI, BANGALORE RURAL DISTRICT, BANGALORE 562 110. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1; SRI. SHARADI S SHETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1919 CRL.P No. 3444 of 2023 C.C.NO.626/2023 AS AGAINST THE PETITIONER IN C.C.NO.626/2023 PENDING TRIAL BEFORE THE COURT OF PRL. CIVIL JUDGE (SR.DN.) AND CJM, UDUPI FOR THE ALLEGED OFFENCES P/U/S 419, 420, 465, 468, 470, 471 AND 34 OF IPC, 1860. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for following reliefs: "a. Call for entire records in C.C.No.626/2023 pending on the file of Prl.Civil Judge (Sn.Dn) & CJM, Udupi. b. Quash the charge sheet & entire proceedings C.C.No.626/2023 as against the petitioner in C.C.No.626/2023 pending trial before the court of Prl. Civil Judge (Sr.Dn) & CJM, Udupi for the alleged offences punishable under Sections 419, 420 465, 468, 470, 471 and 34 of IPC 1860. c. Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice." - 3 - NC: 2025:KHC:1919 CRL.P No. 3444 of 2023 2. Heard the learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the original complaint filed by respondent No.2-Complainant against accused Nos.1 and 3. The petitioner being an advocate who merely gave legal opinion in relation to the property in question was not arraigned as an accused. However, without there being any material, either oral or documentary, so as to include the petitioner as an additional accused in the charge sheet, respondent No.1- police authorities have included and arraigned the petitioner as accused No.4, which is contrary not only to the averments made in the complaint, but also to the material collected along with the charge sheet comprising of the statement of witnesses, documents etc., none of which would indicate that the petitioner is guilty of any of the offences alleged against the petitioner. Since the petitioner is the practicing advocate who merely gave legal opinion with regard to the title of the property in question. In other words, the material collected by respondent No.1-Police during the investigation does not indicate in any way that the petitioner was guilty of the offences alleged against him and consequently, the continuation of the proceedings qua the petitioner-Accused No.4 would amount to - 4 - NC: 2025:KHC:1919 CRL.P No. 3444 of 2023 abuse of process of law and warrants interference by this Court with the present petition. 4. In the result, I pass the following: ORDER i. The petition is hereby allowed. ii. The entire proceedings in C.C.No.626/2023 pending before the Prl. Civil Judge (Sr.Dn) & CJM, Udupi arising out of FIR Crime No.090/2022 registered by respondent No.1-Police, for the offences punishable under Sections 419, 420, 465, 468 and 471 r/w Section 34 of IPC is hereby quashed qua the petitioner-Accused No.4 is concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA: List No.: 1 Sl No.: 3