- 1 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102452 OF 2019 (482(CR.PC)/528(BNSS)) BETWEEN: M.H. KORABU, AGE. 25 YEARS, OCC. GOVERNMENT SERVANT, R/O. SHAPATSAGAR, TQ. ATHANI, DIST. BELAGAVI-591 304. … PETITIONER (BY SRI. K.L. PATIL AND SRI. S.B. NAIK, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH RAIBAG P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SHIVANAND S/O PARAPPA SAGAR, AGE. 44 YEARS, OCC. TAHASILDAR RAIBAG, R/O. KIRISHALA, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586 203, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.883/2018 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 466, 467, 468, 471, 473, 201 R/W 34 OF IPC, IN SO FAR PETITIONER/ACCUSED NO.13 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.13 in C.C. No.883 of 2018 pending before the Court of Principal Civil Judge and JMFC, Raibag arising out of Crime No.338 of 2013 registered by Raibag Police Station, Belagavi District, for the offences punishable under Sections 466, 467, 468, 471, 473, 201 read with Section 34 of the IPC, is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings against him. 2. Learned counsel for the petitioner having reiterated grounds urged in the petition submits that petitioner’s name was not found in the FIR. Allegation against the petitioner is that he had colluded with accused No.1 and had signed in the challans misused by accused No.1 and thereby amount of Rs.5,39,669/- was misappropriated and consequently to that extent ex- chequer had lost its revenue. He submits that no sanction under Section 197 of Cr.P.C. has been obtained in the - 3 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 present case. He also submits that in the departmental enquiry that was held against the petitioner on the same set of allegations, he has been exonerated by order dated 08.05.2014 and the said order has attained finality. 3. Per contra, learned HCGP, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 4. Material on record would go to show that FIR was registered against accused No.1 – Suhas Ramachandra Jadhav in Crime No.338 of 2013 by Raibag Police Station based on the first information received from respondent No.2, who was then working as a Tahasildar at Raibag. Allegation in the FIR is that accused No.1 as an agent was collecting documents from villagers for change of khata and other revenue transactions and after collecting prescribed fee from the applicants by forging the challans affixing forged bank seals etc., he had caused huge loss to the State Exchequer. In the said case, after investigation was - 4 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 completed, charge sheet has been filed against 13 persons and petitioner is arrayed as accused No.13 in the charge sheet. Allegation against the petitioner is that he had signed the challans during the course of discharge of his duties as a Village Accountant and the said challans were misused by accused No.1, who has misappropriated amount to the tune of Rs.5,39,669/-. 5. Undisputedly, no sanction has been obtained in the present case by the prosecution and cognizance of alleged offences has been taken by the Trial Court against the petitioner in the absence of requisite sanction as provided under Section 197 of Cr.P.C. Allegations in the charge sheet would go to show that the alleged act committed by the petitioner was during the course of he discharging his duties and therefore, sanction as provided under Section 197 of Cr.P.C. becomes necessary. In addition to the same, the material on record would go to show that in the departmental enquiry that was held against the petitioner on the same set of charges, he has been - 5 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 exonerated by order dated 08.05.2014. In the operative portion of the said order, it is mentioned that the records do not show that petitioner’s login or thumb impressions were found in the “Bhoomi Kendra” during the relevant time and therefore, there is no prima facie material to hold the petitioner was guilty of the charges levelled against him. It is not in dispute that the order of exoneration of the petitioner in the departmental enquiry has attained finality. 6. Under the circumstances, continuation of the impugned criminal proceedings, as against the petitioner would not only amount to abuse of process of law, but it would also cause untold hardship and embarrassment to the petitioner, who is a government servant. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.883 of 2018 pending before the Court of Principal Civil Judge and JMFC, Raibag - 6 - HC-KAR NC: 2025:KHC-D:11317 CRL.P No. 102452 of 2019 arising out of Crime No.338 of 2013 registered by Raibag Police Station, Belagavi District, for the offences punishable under Sections 466, 467, 468, 471, 473, 201 read with Section 34 of the IPC is quashed, as against the petitioner is concerned. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP, RSH CT:BCK LIST NO.: 1 SL NO.: 100