- 1 - NC: 2025:KHC:657 CRL.P No. 6825 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6825 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. ABHILASH T L S/O LATE LAKSHMINARAYANA AGED ABOUT 30 YEARS SECOND DIVISION ASSISTANT OFFICE OF ASSISTANT COMMISSIONER CHICKBALLAPUR - PIN-562101 …PETITIONER (BY SRI. BIPIN, ADVOCATE FOR SRI. KARTHIK V.,ADVOCATE) AND: 1. STATE BY CHIKKABALLAPUR TOWN POLICE CHIKKABALLAPUR PIN-562101 REPRESENTED BY STATE PUBLIC PROSECUTOR ADVOCATE GENERAL OFFICE HIGH COURT OF KARNATAKA BANGALORE-560001 2. DR SANTHOSH KUMAR G AGED ABOUT 42 YEARS ASSISTANT COMMISSIONER CHICKBALLAPUR SUB DIVISION Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:657 CRL.P No. 6825 of 2023 CHICKBALLAPUR - PIN-562101 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.80/2023, CHIKKABALLPAURA TOWN P.S., PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM AT CHIKKABALLAPURA OF RESPONDENT POLICE FOR THE OFFENCE P/U/S.406,408,409,420,465,466,468,471,477 R/W 34 OF IPC RESPONDENT POLICE AND QUASH THE SAME AS AGAINST THE PETITIONER, A COPY OF WHICH IS PRODUCED AT ANNEXURE A. 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 - accused No.4 seeks quashing of the impugned proceedings in Crime No.80/2023 on the file of the Principal Civil Judge (Sr. Dn.) and CJM Court, Chikkaballapur District, Chikkaballapur for the offences punishable under Sections 406, 408, 409, 420, 465, 466, 468, 471, 477 read with Section 34 of IPC. - 3 - NC: 2025:KHC:657 CRL.P No. 6825 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 on 18.05.2023, the petitioner lodged a complaint to the second respondent - the Assistant Commissioner, Chikkaballpur Sub- Division in relation to fabrication of certain documents. 4. It is grievance of the petitioner that instead of conducting any enquiry in relation to the complaint given by the petitioner on 18.05.2023, the second respondent filed the instant complaint on 19.06.2023 making allegations against accused Nos.1 to 3 viz., Mr. Rizwan Pasha, Mr. Maksood Pasha and Ms. Preethi. It is pointed out that in the instant complaint which is registered as an FIR in Crime No.80/2023, except stating that the petitioner, who was working as a Second Division Assistant in the office of the Assistant Commissioner, Chikkaballapur, was only a case worker, no other allegations so as to make out a cognizable offence are forth coming in the said complaint qua the petitioner. 5. Under these circumstances, having regard to the material on record, in particular the complaint, which merely states - 4 - NC: 2025:KHC:657 CRL.P No. 6825 of 2023 that the petitioner was merely/only a co-worker and was not involved in the commission of any offence coupled with the fact that the petitioner himself had earlier filed a complaint bringing to the notice of the second respondent - the Assistant Commissioner the alleged fabrication of documents, I am of the considered opinion that the necessary ingredients for offences punishable under Sections 406, 408, 409, 420, 465, 466, 468, 471, 477 read with Section 34 of IPC are conspicuously absent in the complaint and consequently, continuation of the proceedings as against the petitioner would tantamount to abuse of the process of law warranting interference by this Court in the present petition. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in Crime No.80/2023 on the file of the Principal Civil Judge (Sr.Dn.) and CJM Court, Chikkaballapur District, Chikkaballapur for the offences punishable under Sections - 5 - NC: 2025:KHC:657 CRL.P No. 6825 of 2023 406, 408, 409, 420, 465, 466, 468, 471, 477 read with Section 34 of IPC are hereby quashed. Sd/- RB (S.R.KRISHNA KUMAR) JUDGE