- 1 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103457 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. AISHWARYA NINGAPPA GOUDAR, AGE. 24 YEARS, OCC. PARA MEDICAL STAFF, R/O. HULAGERI, TQ. KUSHTAGI, DIST. KOPPAL, PIN-583 281. 2. SADDAMHUSEN BABUSAB ATTAR, AGE. 33 YEARS, OCC. MEDICAL PRACTITIONER, R/O. BASAVANAGAR, TQ. ILKAL, DIST. BAGALKOT, PIN-587 125. … PETITIONERS (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ILKAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. … RESPONDENT (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 ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONERS I.E., ACCUSED NO.2 AND 3 IN C.C. NO.664/2021 (ARISING OUT OF ILKAL P.S. CR.NO.54/2021) AT ANNEXURE-C PENDING BEFORE LEARNED SENIOR CIVIL JUDGE AND JMFC, HUNGUND FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 5 OF KARNATAKA EPIDEMIC DISEASES ACT AND SECTIONS 188, 406, 408, 420, 465, 468, 296, 270, 271, 464 OF IPC, TO MEET THE ENDS OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 and 3 are before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceedings as against them in C.C. No.664 of 2021 pending before the Court of Senior Civil Jude and JMFC, Hungund, arising out of Crime No.54 of 2021 registered by Ilkal Police Station, Hungunda Circle, Bagalkot District for the offences punishable under Sections 188, 406, 408, 420, 465, 468, 296, 270, 271, 464 of the IPC and Sections 4 and 5 of the Karnataka Epidemic Diseases Act, 2020. 2. Heard the learned counsel for the petitioner. 3. Learned counsel for the petitioner submits that the trial Court could not have taken cognizance of the offences in charge sheet, which is filed invoking the offence punishable under Section 188 of the IPC having regard to - 3 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 the bar under Section 195 of the Cr.P.C. He submits that in view of Section 9 of the Karnataka Epidemic Diseases Act, 2020, since the trial in the case has not been concluded within a period of six months, the impugned proceeding is liable to be quashed. 4. The allegation against the accused in the charge sheet is that accused Nos.2 and 3 who were working in Indian Diagnostic Center had furnished forged and fraudulent negative test reports during COVID-19 Epidemic, even in respect of patients, who were positive for COVID-19 and thereby they had cheated the public as well as the Government. Charge sheet has been filed in the present case, invoking offence punishable under Section 188 of the IPC. Under Section 195 of the Cr.P.C., there is a bar for the Court to take cognizance for the said offence, except on the complaint in writing by a public servant concerned or some other public servant to whom he is administratively subordinate. In the case on hand, no complaint has been filed by the competent authority. On the other hand, based - 4 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 on the first information of a Doctor, FIR has been registered by the police invoking offence punishable under Section 188 of the IPC, which was not permissible. Even charge sheet has been filed invoking the said offence and the trial Court without appreciating the above aspect of the matter has taken cognizance of the charge sheeted offences including for the offence punishable under Section 188 of the IPC, which is not permissible. The necessary ingredients so as to invoke the other offences found in the charge sheet is also not found in the charge sheet. 5. Section 9 of the Karnataka Epidemic Diseases Act, 2020 reads as follows: “9. Cognizance, investigation and trial of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),- (i) an offence punishable under section 5 or section 6 shall be cognizable and non-bailable; (ii) any case registered under section 5 or section 6 shall be investigated by a police officer not below the rank of Inspector; - 5 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 (iii) investigation of a case under section 5 or section 6 shall be completed within a period of thirty days from the date of registration of the First Information Report; (iv) in every inquiry or trial of a case under section 5 or section 6, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavour shall be made to ensure that the inquiry or trial is concluded within a period of one year: Provided that, where the trial is not concluded within the said period, the Judge shall record the reasons for not having done so: Provided further that, the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time.” 6. From a reading of the aforesaid provision of law, it is very clear that the trial for a case registered under Sections 5 and 6 of the aforesaid Act is required to be concluded within a period of one year. However, for reasons to be recorded by the trial Court, the said period can be extended. However, from a reading of the order sheet in the - 6 - HC-KAR NC: 2025:KHC-D:11399 CRL.P No. 103457 of 2024 present case, it is found that the trial Court has not assigned any reason after completion of period of one year in the present case to continue the proceedings beyond the period of one year. Therefore, even on this ground, the impugned proceedings gets vitiated. 7. Under the circumstances, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings as against them in C.C. No.664 of 2021 pending before the Court of Senior Civil Jude and JMFC, Hungund, arising out of Crime No.54 of 2021 registered by Ilkal Police Station, Hungunda Circle, Bagalkot District for the offences punishable under Sections 188, 406, 408, 420, 465, 468, 296, 270, 271, 464 of the IPC and Sections 4 and 5 of the Karnataka Epidemic Diseases Act, 2020 stands quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 89