- 1 - HC-KAR NC: 2025:KHC:18927 CRL.P No. 4722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION No. 4722 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. M. RAJENDRA, ADVOCATE AND NOTARY, AGED ABOUT 45 YEARS, R/AT HMT LAYOUT, NAGASANDRA POST, BENGALURU 560073. …PETITIONER (BY SRI RAGHAVENDRA A. V., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ROBERTSON PET POLICE STATION, KGF, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, BENGALURU 560001. 2. SMT. SHASHIKALA, W/O RAMAREDDY, AGED ABOUT 49 YEARS, R/AT 47/B, KURUDUGURU VILLAGE, SRINIVAS SANDRA POST, KYSAMABALLI HOBLI, KGF, KOLAR DISTRICT 563121. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18927 CRL.P No. 4722 of 2024 AND ALSO PRESENTLY R/AT No.141, 1ST MAIN ROAD, ST BED LAYOUT, 4TH BLOCK, KORAMANGALA, BENGALURU 560034. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI ABHISHEK N.V., ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.No.20/2024 FILED BY THE 1ST RESPONDENT - ROBERTSON PET POLICE STATION, KOLAR DISTRICT AT KGF, AGAINST THE PETITIONER, WHICH IS SUBMITTED BEFORE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC COURT, KOLAR DISTRICT AT KGF REGISTERED FOR AN ALLEGED OFFENCE P/U/S 420, 465, 468, 471 R/W 34 OF IPC. 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, petitioner seeks the following reliefs; "a) Issue an appropriate order and quash the First Information Report in Crime No.20/2024 filed by the 1st respondent-Robertson Pet Police station, Kolar District at KGF, against the petitioner, which is submitted before Senior Civil Judge & Principal JMFC Court, Kolar District at KGF registered for an alleged offence punishable under Section 420, 465, 468, 471 read with 34 of the Indian Penal Code, to secure the ends of justice and to prevent abuse of process of Court. - 3 - HC-KAR NC: 2025:KHC:18927 CRL.P No. 4722 of 2024 (b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that on 30.01.2024, the General Power of Attorney alleged to have been executed by respondent No.2 in favour of accused No.1 - K.A. Anand is said to have come into existence, on the basis of which, Sale Deed dated 01.02.2024 is alleged to have been executed by accused No.1-K.A. Anand in his own favour. Subsequently, on 13.02.2024, respondent No.2 - de facto complainant filed the complaint, which was registered as FIR in Crime No.20/2024 against accused No.2-petitioner, who is an Advocate and Notary as well as against accused No.1- K.A. Anand for the alleged offences punishable under Sections 420, 465, 468, 471 read with 34 of IPC. Aggrieved by the impugned proceedings, the petitioner-accused No.2 is before this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:18927 CRL.P No. 4722 of 2024 4. A perusal of the material on record, in particular, the complaint, will indicate that except vague, general, bald and omnibus allegations against the petitioner by alleging that the General Power of Attorney was created by accused No.1- K.A.Anand in collusion with the petitioner, no other allegations or specific material particulars are forthcoming in the impugned complaint and the FIR. In addition thereto, respondent No.2 has not taken recourse to the mandatory procedure prescribed under Section 13 of the Notaries Act, 1952, as held by this Court in the case of H.R. Ramamurthy vs. K. Raju1. 5. It is also relevant to state that in addition to the impugned complaint lodged by respondent No.2, the petitioner himself has lodged one more complaint as against accused No.1-K.A. Anand, which is registered as FIR on 17.02.2024. Under these circumstances, in the absence of the complaint and the FIR disclosing commission of offence by the petitioner- accused No.2, I am of the considered opinion that continuation of the impugned proceedings qua the petitioner-accused No.2 1 Crl.P.No.9451/2017, DD 21.02.2023. - 5 - HC-KAR NC: 2025:KHC:18927 CRL.P No. 4722 of 2024 would amount to abuse of process of law warranting interference in the present petition. 6. In the result, the following; Order (i) The petition is allowed. (ii) The impugned FIR in Crime No.20/2024 registered by respondent No.1-Robertson Pet Police Station, Kolar District at KGF qua the petitioner-accused No.2 for the alleged offences punishable under Sections 420, 465, 468, 471 read with 34 of IPC, is hereby quashed. (iii) Liberty is reserved in favour of respondent No.2-de facto complainant to take recourse to such remedies as available in law, including initiating civil and criminal proceedings, against accused No.1, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MV, List No.: 1 Sl No.: 2