- 1 - NC: 2025:KHC-D:3024 CRL.P No. 102925 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102925 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: PRAKASH S/O. BASAVANT SHERAKHANE AGE. 45 YEARS, OCC. REVENUE OFFICER, R/O. MUGALKHOD VILLAGE, TQ. MUDHOL, DIST. BAGALKOT-597313. …PETITIONER (BY SRI. PAVAN B. DODDATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSI MAHALINGAPUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD. 2. GOVINDAPPA S/O. SADASHIV PETLUR AGE. 33 YEARS, OCC. AGRICULTURE, R/O. MUGALKHOD VILLAGE, TQ. MUDHOL, BAGALKOT-587313. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. SOURABH HEGDE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED NO.4 FOR OFFENCES PUNISHABLE U/S 166, 193, 200, 34, 199, 167, 465, 471, 474, 467, 468, 472, 420 AND 196, 197 OF INDIAN PENAL CODE IN CC NO.1147/2020 PENDING ON THE FILE OF THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, MUDHOL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:24 +0530 - 2 - NC: 2025:KHC-D:3024 CRL.P No. 102925 of 2022 ORAL ORDER 1. The petitioner/accused No. 4, who has been charge- sheeted for offences punishable under Sections 166, 193, 200, 34, 199, 167, 465, 471, 474, 467, 468, 472, 420, and 196 of the Indian Penal Code, 1860, is before this Court seeking relief. 2. The prosecution alleges that accused No. 1 forged the signature of the complainant and submitted a false genealogy to the petitioner/accused No. 4, who was working as a Village Accountant. Based on the fabricated genealogy, the name of accused No. 1 was mutated in the Revenue Records in relation to the subject land. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for the respondent/State, and learned counsel for respondent No. 2. 4. A perusal of the charge-sheet materials indicates that the allegation of fabricating the genealogy is directed against the other accused, not against accused No. 4. The accused No. 4 merely acted on the genealogy submitted by accused No. 1 and, in the exercise of his powers under the Karnataka Land Revenue Act, effected the mutation of accused No. 1’s name in the Record of Rights in relation to the subject land. 5. In the absence of any substantial evidence that accused No. 4 conspired with the other accused to fabricate the false genealogy, the petitioner/accused No. 4 cannot be prosecuted solely on the ground that he mutated the name of - 3 - NC: 2025:KHC-D:3024 CRL.P No. 102925 of 2022 accused No. 1 based on the allegedly fabricated genealogy. Under these circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. The impugned proceeding in C.C.No.1147/2020 pending on the file of Prl. Civil Judge and JMFC, Mudhol, insofar it relates to accused No.4 is hereby quashed. The trial Court to proceed against the other accused in accordance with law without being influenced by any observation made in this order and the observation made if any is only for the purpose of present petition. Pending I.A.’s does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 26