- 1 - HC-KAR NC: 2025:KHC:42297 WP No. 10040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 10040 OF 2025 (GM-RES) BETWEEN: PANDURANGAPPA S/O. KOTRAPPA MODGAL, AGE 68 YEARS, PROPRIETOR: SHILPA XEROX CENTER, OLD P.B. ROAD, NEAR ANIMAL HUSBANDARY HOSPITAL, HARIHAR - 577 601. …PETITIONER (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. UNION OF INDIA BY ITS SECRETARY, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA, ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003. 2. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 3. STATE OF KARNATAKA BY HARIHARA TOWN POLICE, HARIHARA - 577 601, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42297 WP No. 10040 of 2025 DAVANAGERE DISTRICT, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE. 4. ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001 BY ITS CHIEF ELECTION COMMISSIONER. 5. TAHASILDAR AND ASSISTANT VOTERS ENROLMENT OFFICER, NO.105, HARIHAR ASSEMBLY CONSTITUENCY, HARIHARA TALUK, HARIHARA, DAVANAGERE DISTRICT - 577 601. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R2 AND R3; SRI. SHANTHI BHUSHAN, CGSC FOR R1; SRI. SHARATH DODWAD, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO (I) QUASH THE COMPLAINT AND FIR DT: 18-12-2022 REGISTERED BY THE HARIHARA TOWN POLICE, HARIHARA IN CR. NO.0242/2022 MARKED AS ANNEXURE-A AND B RESPECTIVELY AND THE CHARGE SHEET IN CC NO. 793/2023 PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., HARIHARA FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 464, 465, 468 AND 471 IPC MARKED AS ANNEXURE-C; (II) QUASH THE ORDER DT: 12-02-2025 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, HARIHARA IN CC NO.793/2023 MARKED AS ANNEXURE ‘D’. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42297 WP No. 10040 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER In this petition, the petitioner has sought to quash the complaint and FIR dated 18.12.2022 registered at Harihara Town Police Station in Crime No.242/2022 and to quash the charge sheet pending in C.C.No.793/2023 on the file of the Court of I Additional Civil Judge and JMFC, Harihara. 2. Alternative prayer sought in the petition is to quash the order dated 12.02.2025 passed by the court of I Additional Civil Judge and JMFC, Harihara, on the application filed under Section 239 of Cr.P.C. 3. The charge sheet is filed in this case against the petitioner for the offence punishable under Sections 420, 464, 465, 468, 471 of IPC. 4. The petitioner has filed an application seeking to discharge him from the case and the trial court vide order dated 12.02.2025 has rejected the said application. 5. Since the charge sheet is already filed and the application seeking discharge is also rejected, this court is not - 4 - HC-KAR NC: 2025:KHC:42297 WP No. 10040 of 2025 inclined to quash the FIR and the charge sheet filed in this case. Insofar as the challenge made to the order dated 12.02.2025 on the application filed under Section 239 of Cr.P.C., the instant petition is not maintainable as the petitioner has an alternative remedy to challenge the said order. 6. Learned counsel for the petitioner would submit that he may be permitted to challenge the order dated 12.02.2025 passed on the application filed under Section 239 of Cr.P.C. 7. In the light of the above, the petition is dismissed reserving liberty to the petitioner to challenge the order dated 12.02.2025 passed by the trial court on the application filed under Section 239 of Cr.P.C., in accordance with law. I.A.No.1/2025 is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 14