- 1 - HC-KAR NC: 2025:KHC:24674 WP No. 88 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 88 OF 2024 (GM-RES) BETWEEN: MR. SANJAY DHARIWALA AGED 55 YEARS, S/O MADHANLAL DHARIWAL R/AT #10, (OLD NO.144) SOUTH PARK ROAD, (OPP. SHESHADRIPURAM COLLEGE) NEHRU NAGAR BANGALORE - 560 020 …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADV. FOR SMT. MONISHA N.S., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE BARKE POLICE STATION, MANGALORE CITY DAKSHINA KANNADA REPRESENTED BY Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24674 WP No. 88 of 2024 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. MR. DHARMARAJ AGED ABOUT 61 YEARS, S/O LATE K S DHARMADATHAN CEO OF MOTHISHAM COMPLEX, MOTHISHAM ESTATE PVT. LTD., 7TH FLOOR, EMPIRE MALL MANGALORE CITY KARNATAKA - 575 001 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. UDAYA PRAKASH MULIYA, ADV. FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.54/2023 OF BARKE POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 420, 468, 120B AND 34 IPC, 1860 PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, MANGALORE CITY, VIDE ANNEXURE-A AS FAR AS THIS PETITIONER / ACCUSED NO.2 IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24674 WP No. 88 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: "1. Issue writ of certiorari or any other appropriate writs or directions quashing the FIR in Crime No.54/2023 of Barke Police Station for the offences punishable under Sections 420, 468, 120B and 34 of IPC, 1860 pending on the file of Prl. Civil Judge (Sr. Dn.) & CJM Court, Mangalore City, vide Annexure A as far as this Petitioner / Accused No.2 is concerned; 2. Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity" 2. Heard the learned Senior counsel Sri.P.P.Hegde for the petitioner, the learned High Court Government Pleader for respondent No.1 and the learned counsel Sri.Udaya Prakash Muliya, appearing for respondent No.2. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that there is no interim order in the present petition, respondent No.1 - Police have proceeded further with the investigation and are in the process of filing the final report. - 4 - HC-KAR NC: 2025:KHC:24674 WP No. 88 of 2024 4. Under these circumstances, nothing further survives in the present position and the same is disposed of reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including challenging the final report and also approaching this Court subsequently if the occasion so arises. 5. It is also relevant to state that on 09.04.2025, this Court directed that the pendency of the impugned proceedings and filing of the final report would not come in the way of the Competent Authority in processing the application of the petitioner for re-issuance of passport, subject to the petitioner satisfying other requirements as prescribed in law. Under these circumstances, it is made clear that the completion of the investigation and filing of the final report will not come in the way of the Competent Authority in processing the application of the petitioner for re-issuance of passport subject to the petitioner satisfying other requirements as prescribed in law. - 5 - HC-KAR NC: 2025:KHC:24674 WP No. 88 of 2024 6. Subject to the aforesaid directions and liberty reserved in favour of petitioner and respondent No.2 and keeping open all contentions, Petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 70