- 1 - NC: 2025:KHC:11770 CRL.P No. 6987 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6987 OF 2024 BETWEEN: 1. SRI H.V. SHIVA SHANKAR SON OF H.M. VENKATARAMANAPPA, AGED ABOUT 57 YEARS, 2. SMT. VAGDEVI S.K. WIFE OF SRI H.V. SHIVA SHANKAR AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT NO.2090, 4TH CROSS, JUDICIAL LAYOUT, GKVK POST, BENGALURU - 560 065. …PETITIONERS (BY SRI. KRISHNA MURTHY V., ADVOCATE) AND: 1. STATE OF KARNATAKA SAMPIGE HALLI POLICE STATION, SAMPIGE HALLI SUB-DIVISION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. THE SENIOR DEPUTY REGISTRATION OFFICER BIDARAHALLI, BENGALURU CITY BENGALURU - 560 049. 3. SRI K.N. HANUMANTHARAYAPPA SON OF SRI K.H. NARASIMHAIAH AGED ABOUT 59 YEARS RESIDING AT NO.1718, MAHAVEER RESIDENCY Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11770 CRL.P No. 6987 of 2024 AVALAHALLI, SINGNAYAKANAHALLI POST YELAHANKA BENGALURU-560 064. (R-3 IMPLEADED VIDE COURT ORDER DATED 14.02.2025) …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. RENOLD VIJAY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE REGISTRATION OF FIR VIDE IN CR.NO.371/2024 DTD 22.06.2024 REGISTERED BY THE 1ST RESPONDENT POLICE, POLICE STATION, SAMPIGEHALLI, REGISTERED FOR THE OFFENCES P/U/S 419, 420, 465, 468, 471 R/W 34 OF IPC, KARNATAKA REGISTRATION ACT U/S 82, 83 ON THE FILE OF THE 41ST ACMM, AT BANGALORE, AGAINST THE PETITIONERS/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The respondent No.2 lodged an FIR stating that the brother-in-law of the petitioner No.1—accused No.1—by impersonation and forging the signature, presented a sale deed based on a fabricated general power of attorney, which was registered in favor of petitioner No.1—accused No.1—and sought to take action for contravention of Sections 82 and 83 of the Registration Act, 1988. 2. Instead of registering the FIR for the offences punishable under Sections 82 and 83 of the Registration Act, 1988, the police registered the FIR for the offences punishable under Sections 419, 420, 465, 468, and 471 read with Section 34 of the IPC. There is no allegation in the complaint lodged by respondent No.2 regarding cheating or fabrication of - 3 - NC: 2025:KHC:11770 CRL.P No. 6987 of 2024 documents by the petitioners—accused herein, except for the claim that the petitioners registered the sale deed by fabricating documents, which is an offence under Sections 82 and 83 of the Registration Act, 1988. Therefore, the registration of the FIR for the offences under Sections 419, 420, 465, 468, and 471 read with Section 34 of the IPC is impermissible and lacks authority. Moreover, the alleged offence was committed within the jurisdiction of the SR-Bidarahalli Police Station, while the FIR was lodged within the jurisdiction of the Sampigehalli Police Station. 3. Accordingly, the petition is allowed. The impugned FIR in Crime No. 0371/2024 registered by the Sampigehalli Police Station is hereby quashed. 4. Liberty is reserved to respondent No.2—Senior Deputy Registration Officer—to file an appropriate complaint before the jurisdictional police in accordance with law. 5. Respondent No.3 is at liberty to take such action as permissible under law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 111 - 4 - NC: 2025:KHC:11770 CRL.P No. 6987 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI H V SHIVA SHANKAR AND ANOTHER VS. STATE OF KARNATAKA AND ANOTHER] 01.04.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER FOR BEING SPOKEN TO Learned counsel for the petitioners has filed memo being spoken to, requesting for modification of the order dated 20.03.2025. "Following the liberty granted by this court in the event, respondent Nos.2 and 3 files an appropriate complaint before the jurisdictional police, the jurisdictional police shall not take any coercive action against the petitioner. However, the petitioner shall cooperate with the investigation." This order shall be read in Conjunction with the order dated 20.03.2025 passed in Crl.P.No.6987 of 2024. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AKV List No.: 1 Sl No.: 24