- 1 - NC: 2025:KHC-D:2119 CRL.P No. 100880 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100880 OF 2019 (482(Cr.PC)/528(BNSS)) BETWEEN: RAVIKUMAR J. NIRANJAN AGED ABOUT 64 YEARS, OCC: PRESIDENT OF THE BASEL MISSION HIGHER EDUCATION CENTER, DHARWAD, R/O: BISHOP’S HOUSE, ALL SAINTS’ CHURCH COMPOUND, DHARWAD. …PETITIONER (BY SRI. M/S GOULAY ASSOCIATES AND SRI. SUNIL S.DESAI, ADVOCATES) AND: 1. STATE OF KARNATAKA THROUGH POLICE SUB-INSPECTOR, SUB-URBAN POLICE STATION, DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. ERNEST SAMUEL S/O. DAVID AGED ABOUT 58 YEARS, OCC: SOCIAL WORKER, R/O: NO.25, SHIVAGIRI BARAKOTRI, DHARWAD-580007. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. ERNEST SAMUEL DAVID, FOR R2 (PARTY IN PERSON)) THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED BY THE RESPONDENT NO.1 SUB URBAN POLICE STATION, DHARWAD IN THEIR CRIME NO.12/2019 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 181, 419, 469 OF IPC PENDING ON B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:58 +0530 - 2 - NC: 2025:KHC-D:2119 CRL.P No. 100880 of 2019 THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) JMFC COURT, DHARWAD AND ALL FURTHER PROCEEDINGS PURSUANT TO THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The Registration of FIR for the offences punishable under Sections 181, 419, 469 of Indian Penal Code, 1860 (IPC) is impugned in this petition. 2. Respondent No.2 lodge a complaint before the jurisdictional police alleging that the petitioner as a Bishop of Basel Mission and President of Basel Mission Higher Education Centre prepared verifying affidavit to the writ petition in the name of Former President namely, Sri. Prabhakar Rao and sworn before oath Commissioner and filed writ petition before this Court in WP No.104143/2016. Respondent No.2 specifically contends that the petitioner claiming as Prabhakar Rao, created document with clear criminal intention. 3. Heard the learned counsel for the petitioner and learned Addl. Government Advocate for the respondent/State. Respondent No.2 though granted sufficient opportunities, has remained absent today. 4. The petitioner on noticing that he signed an affidavit sworn before the Notary in the name of Prabhakar Rao, filed an - 3 - NC: 2025:KHC-D:2119 CRL.P No. 100880 of 2019 application before this Court under Section 151 of Code of Civil Procedure, 1908 seeking to carry out necessary corrections in the affidavit verifying petition. This Court vide order dated 8.3.2019 allowed the application and the affidavit sworn by the petitioner was taken on record. The application seeking correction/modification was allowed on noticing that the petitioner had inadvertently executed an affidavit in the name of Former President. The allegation made by respondent No.2 is without any substance. Even otherwise, respondent No.2 is a stranger and has no interest in the affairs of the School or no legal injury is caused to respondent No.2. 5. Section 195 of Criminal Procedure Code 1973 deals with prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence and states that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of IPC, except on the complaint in writing of the public servant concerned or some other public servant to whom he is administratively subordinate. In the instant case, the police have registered the first information report for the offence punishable under Sections 181 of IPC. The registration of FIR for the offence punishable under Section 181 of IPC lacks authority. 6. In such circumstances, the continuation of criminal proceedings against the petitioner in would be an abuse of process of law. Accordingly, the petition is allowed. The impugned - 4 - NC: 2025:KHC-D:2119 CRL.P No. 100880 of 2019 registration of FIR in Crime No.12/2019 by the Sub-urban Police Station, Dharwad, is hereby quashed. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 22