- 1 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103829 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NAGANNA M.P. S/O. LATE MANOHAR, AGE: 52 YEARS, OCC. CHIEF OFFICER, R/O. DOOR NO.19-19-64/1, SHIVA NAGAR, TQ. AND DIST. BIDAR-585401. 2. NILAKANTA SWAMY G. S/O. GUNDAPPA G., AGE: 45 YEARS, OCC. BILL COLLECTOR, R/O. M.P. PRAKASH NAGAR, TQ. HOSAPETE, DIST. VIJAYANAGARA-583201. 3. SHYAMSUNDAR SHASTRI S/O. MOHAN SHASTRI, AGE: 54 YEARS, OCC. FIRST DIVISION ASSISTANT, R/O. SONTA LINGANNA COLONY, NEAR ARADHANA HOSPITAL, TQ. AND DIST. BALLARI-583101. 4. PAMPAPATHI S/O. NAGAPPA, AGE: 40 YEARS, OCC. BILL COLLECTOR, R/O. INDIRA NAGAR, TQ. HOSAPETE, DIST. VIJAYANAGARA-583201. …PETITIONERS (BY SRI SABEEL AHMED, ADVOCATE FOR SRI A.S. PATIL, ADVOCATE) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.09 11:42:10 +0530 - 2 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 AND: 1. THE STATE OF KARNATAKA R/BY. HOSPET EXTENTION POLICE STATION, TQ. HOSAPETE, DIST. VIJAYANAGARA-583201, NOW R/BY. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANATAKA, DHARWAD-580008. 2. N.K. SHILPA S/O. N. KONDAIAH, AGE: 42 YEARS, OCC. NOT KNOWN, R/O. 1ST CROSS, N. C. COLONY, HOSAPETE, TQ. HOSAPETE, DIST. VIJAYANAGARA-583201. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; R2-NOTICE SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT DATED 06.04.2017 AND CONSEQUENTIAL REGISTRATION OF FIR IN CRIME NO.22/2017 REGISTERED BY HOSPET EXTENSION POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 408, 409, 417, 420, 468, 471 R/W. 34 OF IPC AND CONSEQUENTIAL PROCEEDINGS IN CC NO.960/2022 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, HOSAPETE QUA PETITIONERS/ACCUSED NOS.6, 9, 12 AND 13. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sabeel Ahamed counsel for Sri. A.S.Patil, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petition under Section 482 of Cr.P.C. with the following prayer: “To quash the complaint dated 06.04.2017 and consequential registration of FIR in Crime No.22/2017 registered by Hospet Extension Police Station for the alleged offences punishable under Sections 120(B), 408, 409, 417, 420, 468, 471 R/W. 34 of IPC and consequential proceedings in C.C.No.960/2022 pending on the file of Addl. Civil Judge and JMFC, Hosapete qua Petitioners/Accused Nos.6, 9, 12 and 13.” 3. Facts in the nutshell as per the column number 17 of the charge sheet are as under: - 4 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 3.1 A complaint came to be lodged where in Smt. Shilpa daughter of Kondaiah, resident of M.J. Nagar Hospete, 1st Cross possessed land in survey No.198F and four plots have been carved out in the said land. Assessment of the said land has took place for the revenue with assessment bearing No.17269 measuring 180’X60’. Her father Kondaiah said to have died on 01/09/2012. Noting the said fact, accused No.2-Mallikarjuna, Accused No.5-Venugopala, accused No.6-Mallappa in order to grab the said land, conspired together and they created revenue documents with the aid of an unknown lady by name Shobha depicting her as the second wife of said Kondaiah and created the said document. 3.2 Based on the complaint, Police registered the case and thoroughly investigated the matter. While so investigating the matter investigation agency has collected necessary information including the information through the computer operators and examining the revenue officials. - 5 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 3.3 After so conducting the detailed investigation, charge sheet came to be filed. 3.4 Petitioners have challenged the filing of charge sheet on the following grounds: “10. That, even if the entire averments/overt acts alleged against the Petitioners are taken at face value, the same does not prima facie indicate that the Petitioners has committed any of the offences, much less the offences alleged against them. Hence, complaint and consequential FIR registered against the petitioners for the alleged offences are liable to be quashed by this Hon'ble Court. 11. It is submitted that, the petitioners has neither made any wrong entries nor created any documents with intention to cheat. The entire complaint is an imaginative story to destroy the reputation of the petitioners to extort money from the petitioner unlawfully and without any basis impugned false complaint lodge by the respondent police and the same is deserves to be quashed by this Hon'ble Court. 12. It is submitted that, nowhere in the complain names of petitioners were found and their - 6 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 individual or collective involvement was attributed it is at the time of filing of charge sheet, that too without there being any material implicated petitioners is bad in law and abuse of process of which itself indicates malafide intention of Respondent No.1 police, hence on this count also this petition deserves to be allowed. 13. It is submitted that, the petitioners have no role whatsoever in alleged creation of the documents by municipal employees and no specific allegation in the complaint or no material was produced by the Respondent No.1 police at the time of filing of charge sheet and no material was collected against petitioners as they were not at all involved in the alleged act as alleged by the prosecution, Therefore, the complaint is nothing but a concocted story and bears no iota of truth, therefore this petition deserves to be allowed as prayed for. 14. It is further submitted that, alleged complaint is more in the nature of civil dispute and if at all any civil rights of complainant were affected she has to seek remedy by filing civil suit but not triggering criminal action against innocent petitioners, which amounts to abuse of process of law, hence this petition deserves to be allowed as prayed for. - 7 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 15. Further it is submitted that, though the Respondent No.1 police collected material and documents at the time of investigation but no incriminating martial was found, available against these petitioners as they were not at all involved in the alleged act and no way concerned to the alleged transaction, Therefore, the complaint is nothing but a concocted story and bears no iota of truth, therefore this petition deserves to be allowed as prayed for. 16. It is further submitted that, the petitioners nowhere related to the alleged transaction and they were not actively involved in the alleged forgery or creations of documents and they were not involved in the alleged act as alleged by the prosecution and they were discharging their respective duties as assigned to them but the impugned case was filed just to cause harassment to them and just to harm their reputation in the society. 17. It is further submitted that, the petitioners were duty bound government servants and they were discharging their respective duties with honesty and integrity and there were no such previous allegations and petitioners were never involved in the acts as alleged in the impugned - 8 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 complaint, hence on this count also this petition may kindly be allowed as prayed for. 18. It is further submitted that, the impugned complaint was filed in pursuance of wreaking vengeances against the petitioners with a political pressure and with intention to inflict misery to life and damage the currier of petitioners, hence on this count also the petitioner may kindly be allowed as prayed for. 19. It is further submitted that, the petitioners has falsely implicated with ill Intention and motive and the said incident and allegations were planed against the petitioners hence on this count also this petition may kindly be allowed as prayed for. 20. It is to be noted that no specific allegations or overt-acts are attributed against the Petitioners and as such the very registration of the case and initiation of the proceedings against the petitioners are not sustainable. 21. Thus looking from any angle the impugned complaint and consequential proceedings initiated as against the petitioners is not at all sustainable in the eye of law and the same are liable to be quashed by this Hon'ble Court. - 9 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 22. It is to be noted that the Complaint is nothing but the outcome of the political pressure brought for by the persons who got ill motive and political rivalry against the Petitioners 23. Any other ground or grounds that may be deemed necessary will be urged at the time of hearing after giving due and sufficient notice to the other side and with leave of this Hon'ble Court.” 4. Sri.Sabeel Ahmed, learned counsel for the petitioners reiterating the grounds urged in the revision petition vehemently contended that the matter is of the civil nature and therefore per se no criminality is involved in so far as petitioners are concerned and sought for quashing the pending proceedings. 5. Per contra, learned High Court Government Pleader supports the filing of charge sheet by contending that though there is a dispute with regard to the plots, the question of creating the documents in pursuance of the conspiracy entered into by the petitioners and others and by duplicating the entries and with the forged signatures - 10 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 and with the help of Shobha who has impersonated herself as the second wife of the Kondiah would attract the offences alleged against the accused persons prime facie and therefore sought for the dismissal of the petition. 6. Having heard the arguments of both sides, this Court has perused the material on record meticulously. 7. On such perusal of the material on record, it is crystal clear that the daughter of the Kondiah is the complainant. In respect of the plots referred to supra, after the death of Kondiah, the present petitioners who are accused Nos.2, 5 and 6, by colluding with the revenue officials have created the documents with the help of one Shobha who represented herself as the second wife of Kondiah. In the charge sheet there is necessary material evidence collected by the investigation agency showing that it is not the dispute with regard to the civil dispute alone but there is a criminality involved. 8. It is settled principles of law that requires no emphasis that at the time of deciding the petition seeking quashing of the charge sheet, this Court is not expected to - 11 - NC: 2025:KHC-D:5975 CRL.P No. 103829 of 2023 hold a mini trial to find out the merits or demerits of the case as the same is prejudice the rights of the parties in the pending trial. 9. Suffice to say that the material collected by the investigation agency prima facie depict the commission of the offences by the petitioners herein which needs full fledged trial. 10. Therefore, the question of quashing of the charge sheet would not arise at all. 11. Accordingly, following order : ORDER (i) Petition is merit less and is hereby dismissed. (ii) It is made clear that observations made by this Court in this order shall not affect the rights of the petitioners in the pending trial. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA, LIST NO.: 1 SL NO.: 44