- 1 - HC-KAR NC: 2025:KHC-D:7911 CRL.P No. 102277 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102277 OF 2023 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SRI M. DEVARAJU, AGED ABOUT 62 YEARS, ADVOCATE, PRACTICING AT BENGALURU, NO.5, 14TH CROSS NEAR SUB-REGISTRAR OFFICE PEENYA, PEENYA II STAGE BENGALURU-560 058. ALSO AT H.NO.1582, 7TH MAIN 6TH CROSS, HAMPINAGAR, VIJAYNAGAR, BENGALURU. …PETITIONER (BY SRI P. G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, CAMP POLICE STATION, BELAGAVI, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARWAD - 580 011. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7911 CRL.P No. 102277 of 2023 2. SMT. S. RAJANI, W/O. H. B. SIDDARAJU, AGE 61 YEARS , OCCUPATION: HOUSEHOLD AND BUSINESS, RESIDING AT NO.8, SAMPOORNA APARTMENT NO.33, PALACE CROSS ROAD, SHESHADRIPURAM, BENGALURU, NORTH - 560 020. …RESPONDENTS (BY SMT. KIRTILATA PATIL, H.C.G.P., FOR R-1, & SRI GIRISH A. YADAWAD, ADVOCATE, FOR R-2) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL CASE NO.498 OF 2023 PENDING ON THE FILE OF V ADDITIONAL CIVIL JUDGE AND J.M.F.C., BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 193, 420, 423, 465, 468 AND 471 READ WITH SECTION 34 OF THE IPC, IN SO FAR AS PETITIONER/ACCUSED NO.4 IS CONCERNED. THIS CRIMINAL PETITION IS COMING ON FOR DICTATING ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings in Criminal Case No.498 of 2023 on the file of the V Additional Civil Judge and Judicial Magistrate First Class, Belagavi, for the offences punishable under Sections 191, 196, - 3 - HC-KAR NC: 2025:KHC-D:7911 CRL.P No. 102277 of 2023 420, 423, 465, 468 and 471 read with Section 34 of the Indian Penal Code, 1860. 2. Brief facts of the prosecution case are as under: A complaint came to be registered by the de facto complainant against several accused including the petitioner i.e., accused No.4, M. Devaraju, who is none other than Notary Public. The allegations against the petitioner is that he has notarised a particular document, i.e. General Power of Attorney, out of which, the dispute has arisen between the accused and the complainant. Investigation has been completed and the Investigating Officer has filed the charge- sheet against all five accused persons. 3. Taking exception to the same, the petitioner has filed this petition. 4. Heard Sri P.G. Chikkanaragund, learned counsel for the petitioner, Smt. Kirtilata Patil, learned High Court Government Pleader for respondent No.1-State, and Sri Girish A. Yadawad, learned counsel for respondent No.2. - 4 - HC-KAR NC: 2025:KHC-D:7911 CRL.P No. 102277 of 2023 5. Learned counsel appearing for the petitioner submits that except the petitioner notarising the General Power of Attorney, there is no other allegation against the petitioner, as the petitioner would not come to know the document as fraudulent or otherwise at the time of scrutiny for the purpose of notarising it. 6. Learned High Court Government Pleader for respondent No.1-State would seek dismissal of the petition on the ground that the matter is pending before the trial Court for consideration. 7. Learned counsel appearing for respondent No.2 though refutes the submissions, but admit that the petitioner notarised the document, which have now become the bone of contention. 8. Perused the material available on record including the charge-sheet. From perusal of the first information lodged by the de facto complainant, it appears that the petitioner - 5 - HC-KAR NC: 2025:KHC-D:7911 CRL.P No. 102277 of 2023 notarised the disputed document i.e. General Power of Attorney. 9. The allegation against the petitioner in the complaint is that the petitioner has notarised the General Power of Attorney. Barring this allegation, there is nothing that would touch upon any of the ingredients of the offences to become a crime. In the light of there being no ingredient of the offences against the petitioner, permitting further proceedings at this stage, would become abuse of process of law and result in miscarriage of justice. For the aforesaid reasoning, the following O R D E R i. Criminal petition is allowed. ii. The proceedings in Criminal Case No.498 of 2023 on the file of the learned V Additional Civil Judge and Judicial Magistrate First Class, Belagavi, in so far as the petitioner/accused No.4 is concerned are quashed. Sd/- (VENKATESH NAIK T) JUDGE KVK/ CT-VC List No.: 1 Sl No.: 55