- 1 - NC: 2025:KHC:14408 CRL.P No. 13320 of 2023 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. 13320 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: PRASHANTH G.B, S/O BORE GOWDA S, AGED ABOUT 40 YEARS, R/AT GORAVANAHALLI VILLAGE, TURUGANURU POST, BANNURU HOBLI, MYSORE DISTRICT - 571 101. …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ALANAHALLI POLICE STATION, MYSORE DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. YASHASWINI GRUHA, NIRMANA SAHAKARA SANGHA R/AT NO.43, DEVEGOWDA CIRCLE, BANNUR MAIN ROAD, MYSORE - 571 101, REPRESENTED BY B. SURESH, CHIEF EXECUTIVE OFFICER. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14408 CRL.P No. 13320 of 2023 (BY SMT. RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.99/2021, ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, FOR THE OFFENCE P/U/S 406, 420 OF IPC OF ALANAHALLI POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in C.C.No.99/2021 on the file of the IV Additional Senior Civil Judge and JMFC, Mysuru has preferred this petition to quash the entire proceedings initiated against him. 2. Heard both sides and perused the material on record. 3. Complaint is lodged by respondent No.2, based on which Crime No.117/2020 was registered at Alanahally Police Station, Mysuru City against accused Nos.1 and 2 for the offence punishable under Section 406 and 420 of IPC. - 3 - NC: 2025:KHC:14408 CRL.P No. 13320 of 2023 4. On completion of investigation, charge sheet is filed against 4 accused. 5. It is averred in the complaint that the complainant is the CEO of one Yashashwini Gruha Nirmana Sahakara Sangha and while examining the documents, he got to know that the accused, Director of the Society had purchased 0.15 guntas of land in survey No.150/9 of Hanchya village, Kasaba Hobli, Mysuru Taluq from one Tulasi W/o. Sujay kumar and her children, vide sale deed dated 05.08.2015, using the amount belonging to the society to the tune of Rs.15,20,000/-. Further, accused sold the above mentioned land to one Devaraju C.K. S/o. late Kalegowda through sale deed dated 31.03.2016 and thereby cheated the society etc. 6. It is vehemently contended by the learned counsel for petitioner that on the same set of allegations, on a complaint lodged by the members of the Society a case in Crime No.109/2020 was registered at Alanahally Police Station, Mysuru City, against several accused including the petitioner herein and therefore, when the investigation in the said case was pending, registration of the second FIR on same allegations - 4 - NC: 2025:KHC:14408 CRL.P No. 13320 of 2023 is an abuse of process of law. He contended that the police cannot register multiple FIRs in respect of one incident and therefore, the entire proceedings arising out of Crime No.117/2020 of Alanahally Police Station which has culminated in filing of charge sheet is vitiated. 7. The learned counsel appearing for respondent No.2 has contended that the said respondent being the CEO of the Society in question has the authority to lodge a complaint with the police and therefore, he lodged a complaint based on which the police have conducted investigation and filed charge sheet. He contended that the registration of FIR and consequent investigation and filing of charge sheet is in accordance with law. 8. It is not in dispute that insofar as FIR registered in Crime No.109/2020 of Alanahally Police Station, the police have not proceeded with the investigation and no charge sheet is filed. If any charge sheet is filed, it is always open for the petitioner to challenge the same. On the same set of allegations there cannot be two parallel investigations, if it is - 5 - NC: 2025:KHC:14408 CRL.P No. 13320 of 2023 made out that the allegations are one and the same in the two FIRs registered as noted above. 9. In the present case it is submitted by the learned High Court Government Pleader that charges are already framed and recording of evidence has commenced and therefore, the proceedings before the Trial Court cannot be interfere with. 10. Petition is accordingly, dismissed. 11. I.A.No.1/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 19 CT: BHK