- 1 - HC-KAR NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.201468 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVALINGASWAMY GURU MAHADEVASWAMY, AGE: 68 YEARS, OCC: PRESIDENT OF SRI. SHIVAYOGISWAMY MEMORIAL EDUCATION SOCIETY, KODLA, PRESENT AT H.NO.172, INDIRA NAGAR, KALABURAGI. …PETITIONER (BY SRI. PARTY IN PERSON(SHIVALINGASWAMY), ADVOCATE) AND: 1. C. S. NIMBAL DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NEAR SIDDI BASHA DARGAH, MAIN ROAD, KALABURAGI-585102. 2. PARSAPPA TYPIST AND CASE WORKER OFFICE OF DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NEAR SIDDI BASHA DARGAH, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023 MAIN ROAD, KALABURAGI-02. 3. NANJUNDASWAMY S/O MAHADEVASWAMY, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. PLOT NO.107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103. 4. SHANKER KODLA S/O KASAPPA KODLA, AGE: 66 YEARS, OCC: SOCIAL WORKER, NO. 107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103. 5. JNANA PRAKASH SWAMY @ CHIKKAVEERAYYA, AGE: 40 YEARS, OCC: SOCIAL WORK, NO. 107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103. 6. SIDDAVEERAYYA HIREMATH BLOCK EDUCATIONAL OFFICER, NEAR BUS STAND, CHITTAPUR-585211, TQ. CHITTAPUR, DIST. KALABURAGI. 7. SATYAMURTHY BAGODI BLOCK EDUCATIONAL OFFICER, A.C. OFFICE COMPOUND, SEDAM-585222, TQ. SEDAM, DIST. KALABURAGI. 8. GURULINGAPPA S/O NARSAPPA, AGE: 35 YEARS, OCC: S.D.A. SHANTAVEERESHWAR HIGH SCHOOL, SEDAM, R/O. PLOT NO.107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103. 9. NARSAPPA S/O SAIBANNA KUDREN, - 3 - HC-KAR NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023 AGE: 68 YEARS, OCC: PENSIONER, R/O. PLOT NO.107, CIB COLONY, BEHIND, CENTRAL BUS STAND, KALABURAGI-585103. 10. SHANTAGOUDA DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI), RAJAPUR ROAD, KALABURAGI, NOW AT YADAGIRI-585201. …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. 528(BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.03.2022 PASSED BY THE PRINCIPAL JMFC COURT AT KALABURAGI IN (P.C.) CRIME NO.423/2021 VIDE ANNEXURE-B AND THE IMPUGNED ORDER DATED 15.09.2022 PASSED BY I ADDL. DISTRICT AND SESSIONS JUDGE, AT KALABURAGI IN CRL.REVISION PETITION NO.21/2022 VIDE ANNXURE-C. 3) BE PLEASE TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE PRL. JMFC KALABURAGI TO ISSUE NOTICE TO RESPONDENTS/ ACCUSED AND TO TAKE COGNIZANCE OF THE OFFENCE AND PUNISH THEM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the complainant assailing the concurrent orders arising out of Cr.No.423/2021. - 4 - HC-KAR NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023 2. The gist of the private complaint filed by the petitioner in Cr.No.423/2021 is that he intends to execute the order passed in O.S.No.138/1995. The learned Magistrate having permitted the party in person to record his sworn statement and having permitted him to produce in all 61 documents has come to the conclusion that the ingredients of Sections 191, 196, 198, 200, 205, 209, 408, 416, 417, 419, 420, 504 and 506 are not made out. The learned Magistrate found that the petitioner who has the benefit of the decree and several directions issued by the writ Court now intends to enforce the decree passed in O.S.No.138/1995, which is impermissible in a private complaint filed under Section 200 of Cr.P.C. Consequently, the learned Magistrate acting under Section 203 of Cr.P.C. has dismissed the complaint and this is affirmed by the revisional Court in Crl.R.P.No.21/2022. 3. On closer examination of both the orders, this Court is of the view that petitioner/party-in-person is probably ill-advised. If he is aggrieved by the conduct of - 5 - HC-KAR NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023 the defendants in O.S.No.138/1995, even if the consequential relief is one for injunction, in view of amendment to Order 21 Rule 32 of Civil Procedure Code, petitioner has a liberty to enforce the decree. Therefore, the learned Magistrate was justified in not taking cognizance. In view of these facts, this Court is not inclined to grant any indulgence. The orders impugned do not suffer from any illegality. Therefore, the petition is liable to be dismissed. 4. Accordingly, the petition is dismissed. However, this order will not come in the way of the petitioner/party-in-person in working out his remedy in the manner known to law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 6 CT:SI