Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14407 CRL.P No. 7603 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7603 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SRI. NAGENDRAPPA V, S/O HALAPPA, AGED ABOUT 51 YEARS, OCC: HEAD MASTER WORKING AT SRI. REVANASIDDA BERALINGESHWARA HIGHER PRIMARY SCHOOL, HARIHARA (TQ), DAVANAGERE DISTRICT - 577 530. …PETITIONER (BY SRI. MARUTHI G.B, ADVOCATE) AND:
1.
THE STATE BY MALEBENNUR P.S., HARIHARA (TQ), DAVANAGERE DIST.
REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
2.
SRI. HANUMAGOWDA P, S/O PALEDAR ERAPPA, AGED ABOUT 46 YERS, OCC: FARMER, KOKKANUR VILLAGE, HARIHAR (TQ), DAVANAGERE (DISTRICT) - 577 530. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1;
SRI. G.J. SUNKAPUR, ADVOCATE FOR R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:14407 CRL.P No. 7603 of 2021
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.49/2021 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, HARIHARA FOR THE ALLEGED OFFENCES P/U/S 420, 465 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the FIR registered in Crime No.49/2021 at Malebennur Police Station for the offence punishable under Section 420 and 465 of IPC.
2. Heard both sides and perused the material on record.
3. Law was set into motion by one Hanumagowda.P./respondent No.2 alleging that he completed TCH Course in the year 2000 at JGTTI Hubballi and joined as an Assistant Teacher on 01.06.2000 in one Sri. Revanasidda Beeralingeshwara Educational Society and till 2013 worked in the said institution as a teacher. The said institution comes under Grant-in-Aid from the State Government from
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NC: 2025:KHC:14407 CRL.P No. 7603 of 2021
28.02.2009. It is alleged that his name was not included in the seniority list but the names of three persons namely P. G. Anjaneya, Sakamma and H. B. Halasiddhappa, though not worked in the said institution, were shown as working by creating fake documents such as attendance register etc. It is alleged that by showing the names of above persons and on the said recommendation, the institution obtained recognition from the Government.
4. Petitioner is said to be working as the Head Master of Sri. Revanasidda Beeralingeshwara Institution, Kokkanuru. It is contended by the learned counsel for petitioner that petitioner has been unnecessarily dragged in this case, though he has not committed any offence as alleged. The complainant filed an appeal in MA(EAT)No.1/2014 and the said appeal has been dismissed. There is no specific allegation against the petitioner and if the investigation is allowed to continue, petitioner will be put to great hardship as there in no prima- facie case made out against him.
5. The appeal which is referred to by the learned counsel for petitioner was filed by the complainant challenging
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NC: 2025:KHC:14407 CRL.P No. 7603 of 2021
the obstruction caused to him by respondent Nos.5 to 7, namely the President, Secretary and Head Master of Sri. Revanasidda Beeralingeshwara Higher Primary School, Kokkanuru village, Harihar Taluk, while discharging his duty as a teacher since 2013 and to provide his monthly salary as well as to consider his seniority by way of recommending his name to the Government etc.
6. It is submitted by the learned counsel appearing for respondent No.2 that an appeal has been preferred against the
order passed by the EAT, Davanagere. He relied on the report dated 08.12.2023 of the Deputy Director (Administration), Department of School Education, Davanagere District, to contend that in the said report it is clearly stated, person by name Anjaneya, whose name is specifically mentioned in the complaint, has worked in two institutions.
7. This Court cannot conduct a mini enquiry into the allegations made in the complaint or the contention raised by the petitioner, as it is for the Investigating Officer to conduct investigation into the allegations and file an appropriate report. The petitioner and respondent No.2/complainant will be at
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NC: 2025:KHC:14407 CRL.P No. 7603 of 2021
liberty to submit all the relevant documents and the Investigating Officer shall conduct a fair investigation giving opportunity to both the parties to put forth their case and file a report.
8. If any adverse report is filed, it is always open for the petitioner to challenge the same.
9. With the above observation, petition is dismissed. Consequently, I.A.Nos.1 and 2 of 2024 are disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 13 CT: BHK