- 1 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 102888 OF 2022 (GM-RES) BETWEEN: 1. SANTOSH KUMAR S/O GADEPPA KHOT, AGE. 38 YEARS, OCC. TEACHER, R/O. EXAMBA, TQ. CHIKKODI, DIST. BELAGAVI, PIN-590 001. 2. HARIAH S/O GOVIND INAMDAR, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KERUR, TQ. CHIKKODI, DIST. BELAGAVI, PIN-590 001. … PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD, THROUGH CHIKKODI CIRCLE INSPECTOR OF POLICE, CHIKODI POLICE STATION, TQ. CHIKKODI, DIST. BELAGAVI, PIN-580 001. 2. THE CENTRAL INVESTIGATION DEPARTMENT (CID POLICE), BENGALURU-560 001. 3. YAMANAPPA S/O MUTTAPPA MANG, POLICE SUB INSPECTOR, CHIKKODI POLICE STATION, TQ. CHIKKODI, DIST. BELAGAVI, PIN-590 001. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 IF CR.P.C., PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH IMPUGNED COMPLAINT AND FIR IN CHIKKODI POLICE CRIME NO.257/2021 DATED RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 02/12/2021 REGISTERED BY THE 1ST RESPONDENT-POLICE FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 420, 511 IPC AND SECTION 21(1)(2) OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT 2019 VIDE ANNEXURE-A AND B RESPECTIVELY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in Crime No.257/2021 registered by Chikkodi Police Station, Belagavi District, for the offences punishable under Sections 420 & 511 IPC and Sections 21(1)(2) of the Banning of Unregulated Deposited Schemes Act, 2019 (for short, ‘Act of 2019’) pending before the Court of Prl. District & Sessions Judge, Ballari. 2. Heard the learned Counsel for the parties. 3. FIR in the present case has been registered invoking the offences punishable under the Act of 2019 and also for the offences punishable under Sections 420 & 511 IPC. Section 7 of the Act of 2019 reads as under: “7. Competent Authority. — (1) The appropriate Government shall, by notification, appoint one or more officers not below the rank of Secretary to that - 3 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 Government, as the Competent Authority for the purposes of this Act. (2) The appropriate Government may, by notification, appoint such other officer or officers as it thinks fit, to assist the Competent Authority in discharging its functions under this Act. (3) Where the Competent Authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed. (4) The Competent Authority shall, for the purposes of sub-section (3), have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while conducting investigation or inquiry in respect of the following matters, namely:— (a) discovery and inspection; - 4 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 (b) enforcing the attendance of any person, including any officer of a reporting entity and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (5) The Competent Authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section. (6) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (7) Every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). - 5 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 (8) Subject to any rules made in this behalf by the Central Government, any officer referred to in subsection (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that the officer or officers referred to in sub-section (2) shall not— (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Competent Authority.” 5. Section 7 of the Act of 2019 specifies that appropriate Government shall, by notification, appoint one or more persons not below the rank of Secretary to that Government as the Competent Authority for the purpose of this Act and Section 8 of the Act of 2019 specifies that appropriate Government shall, with the concurrence of the Chief Justice of the concerned High Court, by notification, constitute one or more courts known as the designated courts for such area or areas to deal with the matters which the provisions of the Act of 2019 applies. Section 27 of the Act of 2019 provides that no designated court shall take - 6 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 cognizance of an offence punishable under that Section, except upon a complaint made by the Regulator. 6. From a reading of the aforesaid provisions, it is very clear that the Government is required to first appoint a Regulator and thereafter designate a court to deal with the matters to which the provisions of the Act of 2019 applies and the designated court can take cognizance only on a complaint in writing made by the Regulator. 7. In the present case, the impugned proceedings are initiated based on the first information received from the Police Officer attached to Chikkodi Police Station, Belagavi District, and the FIR has been registered invoking the offences punishable under the Act of 2019, which is not permissible. 8. So far as the offences punishable under the provisions of IPC is concerned, the said offences are cognizable in nature and the necessary ingredients so as to make out a prima facie case for the said offences is found in the first information. 9. The Hon'ble Supreme Court in the case of M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. VS STATE OF - 7 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 MAHARASHTRA & OTHERS – 2021 SCC OnLine 315 and also in the case of SKODA AUTO VOLKSWAGEN (INDIA) PRIVATE LIMITED VS STATE OF UTTAR PRADESH & OTHERS – (2021)5 SCC 795, has observed that police have a right to investigate in a case where FIR has been registered for cognizable offences and only in exceptional circumstances, the High Court can stall the investigation in a case registered for cognizable offences. 10. In almost identical circumstances, this Court in Crl.P.No.201497/2024 and connected cases, while quashing similar FIRs registered for offences punishable under the Act of 2019 is concerned, has allowed the police to continue investigation for the offences punishable under the provisions of IPC. Under the circumstances, I am of the opinion that the impugned criminal proceedings insofar as it relates to the registration of FIR for offences punishable under the Act of 2019, is required to be quashed. According to the following order: 11. Petition is allowed in part. The FIR in Crime No.257/2021 registered by Chikkodi Police Station, Belagavi District, in so far as it relates to the offences punishable under Sections 21(1) & (2) of the Banning of Unregulated Deposited Schemes Act, 2019, - 8 - HC-KAR NC: 2025:KHC-D:11753 WP No. 102888 of 2022 is quashed, and the investigation in so far as it relates to the offences punishable under the provisions of IPC shall continue in accordance with law. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 118.4