- 1 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101446 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI RAVINDRANATH K., AGE: 52 YEARS, OCC: REGISTRAR OF NITK SURATHAKAL, SHRINIVASNAGAR P.O. SURATHAKAL, MANGALURU-575 025. … PETITIONER (BY SRI. K.L. PATIL AND SRI. S.S. BETURMATH, ADVOCATES) AND: 1. DR. VIJAYKUMAR V. HINDASAGARI, AGE: 43 YEARS, OCC: MECH. ENGINEER, R/O: 6TH CROSS, ANJANEYA NAGAR, KELAGERI ROAD, TQ: AND DIST: DHARWAD-580 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. … RESPONDENTS (BY SMT. RANJITA ALAGAWADI, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; SMT. GIRIJA S. HIREMATH, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.10.2021 PASSED IN CRIMINAL REVISION PETITION NO.5/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD AND CONSEQUENTLY, QUASH THE ENTIRE COMPLAINT IN P.C.R. NO.164/2019 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, DHARWAD REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 1 OF THE I.T. ACT R/W SECTION 499 AND 500 OF I.P.C. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 482 of Cr.P.C. seeking the following reliefs: i. Quash the impugned order dated 22.10.2021 passed in Criminal Revision Petition No.5/2021 on the file of IV Addl.District and Sessions Judge, Dharwad; ii. Consequently, quash the entire complaint in PCR No.164/2019 on the file of Principal Civil Judge and JMFC, Dharwad registered for offences punishable under Section 1 of the I.T. Act read with Section 499 and 500 of IPC. iii. Any other reliefs this Hon’ble Court deems it fit for the facts and circumstances of the case may please be granted in favour of the petitioner. 2. Heard learned counsel for the parties. 3. The respondent-complainant had filed PCR No.164/2019 before the Court of Principal Civil Judge and JMFC, Dharwad against the petitioner herein for the offences punishable under Sections 499 and 500 of the Indian Penal Code and Section 1 of the Information Technology Act, 2000. The learned Magistrate by order - 3 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 dated 11.11.2020 acting under Section 201 of Cr.P.C. returned the complaint to the complainant with a direction to present the same before the Jurisdictional Court within the limitation prescribed by law. The said order was challenged by the complainant before the Court of IV Addl.District and Sessions Judge, Dharwad in Crl.Misc.No.5/2021 which was allowed by the Revisional Court by order dated 22.10.2021 and after setting aside the order dated 11.11.2020 passed by the learned Magistrate, direction was issued to the learned Magistrate to take cognizance of the alleged offences and proceed further. Assailing the orders passed by the Revisional Court and also with a prayer to quash the entire proceedings in PCR No.164/2019, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is the Registrar of the University and by virtue of the provisions of The National Institutes of Technology, Science Education and Research Act, 2007 - 4 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 (NIT Act, 2007) he is also the Secretary of the Board of Governors. In the capacity as Secretary of the Board of Governors, he has notified the resolution dated 19.06.2015 vide official memorandum dated 02.11.2015. The allegation against him in the private complaint is that by notifying/publishing the aforesaid resolution dated 19.06.2015, passed by the Board of Governors, he has committed the alleged offences. He submits that in the impugned proceedings the members of Board of Governors are not arrayed as accused. The alleged act committed by the petitioner will not attract the alleged offences. Accordingly, prays to allow the petition. 5. Per contra, learned counsel for the respondent, who has opposed the petition also submits that in the event the petition is allowed, liberty may be reserved to the respondent/complainant to proceed against the concerned in accordance with law. 6. The material on record would go to show that Board of Governors of National Institute of Technology, - 5 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 Karnataka, Surathkal, vide Item No.42.4.7 dated 19.06.2015 had resolved that “the institute to take up appropriate counseling process on Dr.Vijaykumar Hindasageri with the help of Medical Practitioners.” Based on the aforesaid resolution, petitioner had requested the respondent to consult Dr.Keshav Pai, Medical Counselor on 05.11.2015 at 3:00 p.m. in the health care center of the Institute. The official memorandum dated 02.11.2015 was issued to the aforesaid effect by the petitioner and according to the complainant the aforesaid official memorandum dated 02.11.2015 resulted in defaming him and therefore he has filed private complaint against the petitioner for the aforesaid offences. 7. Section 18 of the NIT Act, 2007, which governs the Institute in which the petitioner is working as Registrar provides that Registrar shall act as Secretary of the Board of Governors and such Committee may be prescribed by the Statute and the Registrar shall be responsible for the directors for proper discharge of his function. It also - 6 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 indicates that Registrar shall exercise such act and perform such other duty as may be assigned to him by this act or statute or by the directors. 8. Though in the private complaint, filed by the respondent, a specific averment is made that the decision taken in the Board of Governors meeting is with bad intention, the members of the Board of Governors are not arrayed as accused, but only the petitioner is arrayed as the sole accused in the impugned criminal proceedings. 9. The material on record would go to show that the petitioner who was working as Registrar in the institute, in his capacity as Secretary of the Board of Governors had issued official memorandum based on the aforesaid resolution dated 19.06.2015 and merely for the said reason, it cannot be said that the petitioner has committed the alleged offences. The petitioner is not party to the resolution passed by the Board of Governors but he has only notified the same and has requested the respondent to consult the medical counselor in the health - 7 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 centre of the institute and this request appears to be on the basis of the aforesaid resolution passed by the Board of Governors of the Institute. Under the circumstances I am of the opinion that the petitioner cannot be prosecuted for the alleged offences and continuation of the impugned criminal proceedings against him would amount to abuse of process of law. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The order dated 22.10.2021 passed by the Court of IV Addl.District and Sessions Judge, Dharwad in Criminal Revision Petition No.5/2021 and entire proceedings in PCR No.164/2019 on the file of Principal Civil Judge and JMFC, Dharwad registered for offences punishable under Section 1 of the I.T. Act read with Sections 499 and 500 of IPC are quashed. - 8 - HC-KAR NC: 2025:KHC-D:9671 CRL.P No. 101446 of 2022 iii. The respondent/complainant is at liberty to proceed against the concerned in accordance with law, if so advised. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 44