- 1 - NC: 2025:KHC-D:1211 CRL.P No. 103084 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103084 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. IRAPPA BASAPPA KADABI AGE. 58 YEARS, OCC. HOUSEHOLD WORK, R/O. CHACHADI, TQ. SAVADATTI AND DIST. BELAGAVI-591126. 2. MAHANTESH BASAPPA KADABI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. CHACHADI, TQ. SAVADATTI AND DIST. BELAGAVI-591126. 3. SMT. ANUJA SIDDAPPA BACHANNAVAR AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. KURABET GALLI, TQ. BAILHONGAL AND DIST. BELAGAVI-591102. 4. KUM. ASHA SIDDAPPA BACHANNAVAR AGE. 22 YEARS, OCC. HOUSEHOLD WORK, R/O. KURABET GALLI, TQ. BAILHONGAL AND DIST. BELAGAVI-591102. 5. GURUSIDDAPA NINGAPPA YAMANAPPANAVAR AGE. 39 YEARS, OCC. AGRICULTURE, R/O. CHACHADI, TQ. SAVADATTI AND DIST. BELAGAVI-591126. 6. KALLAPPA SANNAPPA VAKKUND AGE. 61 YEARS, OCC. AGRICULTURE, R/O. MURGOD, TQ. SAVADATTI AND DIST. BELAGAVI-591126. …PETITIONERS (BY SRI. RAM P.GHORPADE, ADVOCATE FOR SRI. GIREESH CHINNAPPA KATTIMANI, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:57 +0530 - 2 - NC: 2025:KHC-D:1211 CRL.P No. 103084 of 2022 AND: 1. THE STATE OF KARNATAKA BY MURGOD POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-591104. 2. RUDRAPPA FAKEERAPPA HUNASHIKATTI AGE. 31 YEARS, OCC. AGRICULTURE, R/O. CHACHADI, TAL.SAVADATTI, DIST. BELAGAVI-590128. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1; SMT. VANAMALA A.MOTE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN PCR NO.197/2019 AT ANNEXURE-A PENDING BEFORE JUDGE I ADDITIONAL CIVIL JUDGE AND JMFC, SAUNDATTI AND CONSEQUENTIAL FIR IN MURGOD P.S. CR.NO.151/2021 AT ANNEXURE-C FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420, 467, 468, 474, 193, 196, R/W 149 OF IPC, IN SO FOR PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The 2nd respondent filed a private complaint under Section 200 Cr.P.C. alleging that accused Nos.1 to 6 conniving with each other fabricated the documents by removing the name of the Government from the record of rights in relation to the subject land, and thereafter created a legal heir certificate and got entered the names in the revenue records, and thereafter it was conveyed to accused Nos.1 and 2 through a registered sale deed. - 3 - NC: 2025:KHC-D:1211 CRL.P No. 103084 of 2022 2. The learned Magistrate referred the complaint to the Police for investigation under Section 156(3) of Cr.P.C. The Police registered the FIR for the offences punishable under Sections 420, 467, 468, 474, 193, 196 and 149 of Cr.P.C. 3. This Court vide order dated 1.10.2022 granted an interim order citing that the private complaint filed without compliance of Section 154(1) and 154(3) of Cr.P.C., is not maintainable in view of the decision of the Apex Court in the case of Priyanka Srivastava Vs. State of Uttar Pradesh and Others reported in (2015) 6 SCC 287. 4. The investigating Officer despite the interim order granted submitted the charge sheet before the jurisdictional Magistrate for the offence alleged against the petitioners. However, the charge sheet has not been accepted by the Jurisdictional learned Magistrate and cognizance was not taken of the offences alleged against the petitioner. 5. Heard the learned counsel for the petitioners and also learned Additional Government Advocate for the respondent-State. 6. Perusal of the complaint indicated that the 2nd respondent had approached the Superior Police Officer and requested for taking action. However, the Superior Police Officer did not accede to the request of the complainant-2nd respondent, prompting him to file a private complaint. - 4 - NC: 2025:KHC-D:1211 CRL.P No. 103084 of 2022 7. The private complaint filed by the 2nd respondent is not supported by the an affidavit for having complied the provisions contained in 154(1) and 154(3) of Cr.P.C., and the said complaint filed without compliance of the said mandatory requirement is not maintainable in law. 8. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned FIR in Crime No.151/2021 registered by the Murgod Police Station is hereby quashed. iii) Liberty is reserved with the respondents No.1 and 2 to take such steps for initiating action against the petitioner as permissible in law. iv) The respondent No.2 is also reserved with liberty to comply with section 154(1) & 154(3) of Cr.P.C. and file a private complaint afresh. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh