- 1 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13239 OF 2023 BETWEEN: MR. GANESH S/O LATE APPU ACHARYA, AGED ABOUT 45 YEARS, RESIDENT OF KALAYYA ACHARYA COMPOUND, 12TH CROSS, TELLAR ROAD, KARKALA, UDUPI - 574 104. …PETITIONER (BY SRI. M.R. BALAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA D.C.R.B DIVISION, UDUPI DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. NARAYANA FATHERS NAME NOT KNOWN, MAJOR IN AGE, POLICE SUB INSPECTOR, D.C.R.B DIVISION, UDUPI - 576 101. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a. SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF SUMMONS DATED 31.10.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., UDUPI IN C.C.NO.2364/2023 FOR THE OFFENCE P/U/S 177 AND 197 OF IPC BASED ON THE PRIVATE COMPLAINT FILED BY THE RESPONDENT NO.2. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri M.R. Balakrishna, learned counsel appearing for the petitioner and Shri B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for the respondents. 2. The petitioner is before this Court calling in question proceedings in CC.No.2364/2023 registered for offences punishable under Sections 177 and 197 of the Indian Penal Code, 1860 ('the IPC' for short). The Police Sub-Inspector is the complainant. The petitioner himself is a Constable. The petitioner was working as a Police Head Constable at Coast Guard Police Station in Udupi District. He was initially appointed - 3 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 as a Police Constable and was promoted later as a Police Head Constable. 3. The issue in the lis does not pertain to the promotion of the petitioner. The petitioner while filling out the application or representation that he was entitled to promotion indicates that there was no crime registered against him. Later, it is found that a crime for offence punishable under Section 188 of the IPC was indeed pending at the time when the petitioner's case was considered for promotion. The, respondent No.2 notices this and registers the crime for offence punishable under Sections 177 and 197 of the IPC. Cognizance is taken of the said offences and the concerned Court registers CC.No.2364/2023. The registration of the criminal case is what has driven the petitioner to this Court in the subject petition. 4. Shri M.R. Balakrishna, learned counsel appearing for the petitioner submits that this Court need not go into the veracity of the crime or delve deep into the matter. The learned counsel submits that the proceedings will have to be quashed only on limitation qua as depicted under Section 468 of the Code of Criminal Procedure, 1973 ('the Cr.P.C." for short). - 4 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 5. The learned Additional Special Public Prosecutor though would submit that it is a matter of trial, it is for the petitioner to come out clean and he would not dispute the position with regard to the delay in registering the complaint of an incident that had happened 6 years ago. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material available on record. 7. The afore-narrated facts are not in dispute. The only issue that now falls for a consideration is whether the complaint so registered against the petitioner for offences punishable under Sections 177 and 197 of the IPC is hit by limitation as obtaining under Section 468 of the Cr.P.C. Therefore, I deem it appropriate to notice the offences. 8. Sections 177, 193 and 197 of the IPC read as follows: "177. Furnishing false information.—Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false shall be punished with simple imprisonment for a term which may extend to six - 5 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 months, or with fine which may extend to one thousand rupees, or with both; …… …… …… 193. Punishment for false evidence.—Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. …… …… …… 197. Issuing or signing false certificate.— Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence." (Emphasis supplied) The offence under Section 177 of the IPC is punishable with simple imprisonment for a term which may extend to six months with fine and Section 197 of the IPC is punishable to a maximum of 3 years as provided under Section 193 of the IPC. Therefore, both the offences put together even would amount to 3 years maximum imprisonment for the offence. - 6 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 9. Section 468 of the Cr.P.C. reads as follows: 468. Bar to taking cognizance after lapse of the period of limitation.—(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation. (2) The period of limitation shall be— (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. (3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. (Emphasis supplied) Section 468(3) of the Cr.P.C. mandates that the period of limitation, shall be determined with reference to the offence punishable with the more severe punishment. In the case at hand, the maximum punishment for the more severe offence, i.e., Section 197 of the IPC is three years. Therefore, the crime ought to have been registered within three years as provided under Section 468(2)(c) of the Cr.P.C. - 7 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 10. The complainant though comes to know of the factum of promotion given to the petitioner in the year 2016- 2017, allegedly notwithstanding the fact that a crime was pending, for the offence punishable under Section 188 of the IPC, does not initiate any proceedings. The proceedings come about only in the year 2023, when the complainant registers a private complaint in PCR No.66/2023 on 31.10.2023. Therefore, what can be safely discerned is that, for a promotion given in the year 2016-2017, the factum of it being aware to respondent No.2, he chooses to initiate proceedings only after 6 years. 11. In that light, a bar under Section 468 of the Cr.P.C. would undoubtedly kick in and would lead to obliteration of the proceedings on the ground of limitation. On this sole ground, the petition deserves to succeed. 12. Accordingly, I pass the following: ORDER (i) Criminal petition is allowed; - 8 - HC-KAR NC: 2025:KHC:49326 CRL.P No. 13239 of 2023 (ii) Proceedings in CC.No.2364/2023 pending on the file of Hon'ble Principal Senior Civil Judge and CJM, Udupi stands quashed. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 36 CT: BHK