- 1 - NC: 2025:KHC:12991 CRL.P No. 8707 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8707 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: RAVINDRA HEBBAR B, S/O LATE B. MADHAVA HEBBAR, AGED ABOUT 63 YEARS, R/O NO. VETERINARY HOSPITAL, KAPU UDUPI TALUK. …PETITIONER (BY SRI. ANIL SHEKAR K.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BRAHMAVAR POLICE STATION, UDUPI TALUK AND DISTRICT. 2. DR. SHIVANANDA G, S/O LATE K. SHIVAPPA GOWDA, AGED ABOUT 74 YEARS, RESIDING AT "PRIVATE PET CLINIC" K.V.C NO. 815, KAVOOR, MANGALORE - 15. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12991 CRL.P No. 8707 of 2022 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO EXERCISE THE JURISDICTION UNDER SEC 482 OF THE CRIMINAL PROCEDURE CODE AND QUASH THE FIR IN CR.NO.150/2016 U/S 465, 468, 420, 407, 471, 506 OF IPC REGISTERED BY THE BRAHMAVAR P.S., UDUPI DISTRICT AND TALUK AS PER ANNEXURE-B WHICH IS PENDING ON THE FILE OF THE 1ST ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT UDUPI DISTRICT AND TALUK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has called in question the registration of FIR against him in Crime No.150/2016 at Brahmavar Police Station, Udupi District for offences punishable under Sections 465, 468, 420, 409, 471, 506 of IPC. 2. The aforementioned FIR was registered, on the basis of a private complaint filed by the 2nd respondent herein, which was referred to police for investigation. 3. As per police report, 2nd respondent is no more. - 3 - NC: 2025:KHC:12991 CRL.P No. 8707 of 2022 4. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent-State and perused the material on record. 5. The complainant has alleged that the petitioner herein who was working as in-charge of Senior Veterinary Inspector at Primary Veterinary Centre, Pethri, Brahmavar, Udupi Taluk and District, with a view to make wrongful enrichment and wrongful gains, issued three certificates of fitness in respect of transportation of cattle within the district and also out side the district. 6. According to the prosecution, the petitioner inspite of being fully aware that he has no legal competence to issue the said certificates of fitness, to make personal gains issued the certificates and thereby committed the acts of forgery and cheating etc., 7. Learned High Court Government Pleader has contended that all the three certificates of fitness were created by the accused and they were acted upon and cattle were transported within and out side Udupi district on the strength of said certificate of fitness. - 4 - NC: 2025:KHC:12991 CRL.P No. 8707 of 2022 8. Admittedly, the petitioner is a public servant. It is contended that even accepting the certificates are issued by the petitioner, it is while discharging his official duties and therefore, sanction to prosecute as required under law is necessary, but not obtained. Secondly, it is contended that there is no material placed to show that the petitioner was not authorized to issue such fitness certificates. 9. The learned counsel for petitioner has relied on the order passed by the Disciplinary authority exonerating the petitioner after a full fledged enquiry. 10. The order dated 20.04.2017 passed by the Commissioner, Animal Husbandry and Veterinary Services shows that after an enquiry, he has exonerated the petitioner holding that the allegations are not proved in the enquiry. 11. The above enquiry has been conducted in respect of same allegations, as such the criminal proceedings initiated against the petitioner deserves to be quashed. Accordingly, the following:- - 5 - NC: 2025:KHC:12991 CRL.P No. 8707 of 2022 ORDER i. Petition is allowed. ii. The entire proceedings arising out of Crime No.150/2016 of Brahmavar Police Station, Udupi district pending before the 1st Additional Civil Judge, (Junior Division) and JMFC Court at Udupi District is quashed. I.A. No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 11 CT: BHK