- 1 - HC-KAR CNR: KAHC010080832026 NC: 2026:KHC:52667 CRL.P No. 1721 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 1721 OF 2026 BETWEEN: SRI MOHAMMAD SHAKIR, SON OF ABDUL AZIZ, AGED ABOUT 39 YEARS, RESIDING AT NO.2/34, GANDHI NAGAR, MARAVANTH, BYNDOOR TALUK, UDUPI DISTRICT-576 224. …PETITIONER (BY SRI FAYAZ SAB B G.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA S.H.O KOTA POLICE STATION, BRAMAVAR CIRCLE SUB-DIVISION, UDUPI DISTRICT-576 221, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BENGALURU-560 001. 2. SRI.VITTALA DAS NAIK, SON OF RAMANATH NAIK @ RAMA NAIK, AGED ABOUT 68 YEARS, RESIDING AT OPPOSITE CHITHPADY SCHOOL, PARAMPALLI VILLAGE, BRAHAMAVARA, UDUPI DISTRICT-576 224. …RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL.SPP FOR R1, SRI P B UMESH, ADVOCATE FOR SRI R B ESHPANDE, ADVOCATE FOR R2) Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010080832026 NC: 2026:KHC:52667 CRL.P No. 1721 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH AN IMPUGNED FIR IN CR.NO.220/2025 REGISTERED BY THE 1st RESPONDENT IN KOTA P.S., AGAINST THE PETITIONER HEREIN IS CONCERNED FOR THE OFFENCES P/U/S 318(4),335,336(2),340(2),338,336(3) OF BNS, 2023, PENDING ON THE FILE OF 1st ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, UDUPI DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner, Learned HCGP for respondent No.1 and learned counsel for the second respondent. 2. This petition is filed to quash the proceedings in Crime No.220/2025 registered by Kota Police for the offence under Sections 318(4), 335, 336(2), 340(2), 338, 336(3) of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel appearing for the petitioner submits that the power of attorney in question is executed by Ramanath Naik. The power of attorney was executed in Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010080832026 NC: 2026:KHC:52667 CRL.P No. 1721 of 2026 the year 26.08.2025. The executant has received entire sale consideration amount from the agent/petitioner and the petitioner acting on the said power of attorney on 18.11.2025 has executed a sale deed in favour of himself i.e. the petitioner. 4. It is urged that one of the sons of the executant has filed a complaint on the ground that the power of attorney is forged. It is submitted that the executant of the power of attorney has not questioned the same as such, the complainant has no right to lodge the complaint. It is further submitted that the complainant has approached the Civil Court seeking appropriate remedy if aggrieved. 5. It is the further submission that the present complainant/second respondent is not the legal representative of the Ramanatha Naik. 6. The Learned HCGP would submit that there is an allegation of forgery and creation of fake document Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010080832026 NC: 2026:KHC:52667 CRL.P No. 1721 of 2026 after the death of the owner of the property who died in 1976. 7. Learned counsel for the second respondent submits that Ramanath Naik the owner of the property died in 1976. Thus, he could not have executed the power of attorney in the year 2025 and the power of attorney is forged and criminal offences are attracted. 8. The Court is of the view that matter requires investigation as it is alleged that the owner of the property died in 1976 and he could not have executed the power of attorney in the year 2025. 9. If the petitioner is to contend that the executant was alive on the date of the execution or if the petitioner is to contend that the power of attorney is executed by son of Ramanath Naik, the petitioner has to produce necessary records to the Investigating Officer. Investigating Officer shall consider the same and investigate the matter and has to file appropriate report. Digitally Signed by ANANT RAMNATH HEGDE - 5 - HC-KAR CNR: KAHC010080832026 NC: 2026:KHC:52667 CRL.P No. 1721 of 2026 10. Accordingly, petition is disposed of. 11. It is made clear that this Court has not expressed anything on the merits or demerits of the complaint. (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 16 … Digitally Signed by ANANT RAMNATH HEGDE