Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010393932020 NC: 2026:KHC:55257 CRL.P No. 7755 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.7755 OF 2020
BETWEEN:
1.
NAVEEN N. @ GANESH, S/O NAGARAJA, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO.1, GROUND FLOOR, P AND K HEIGHTS, 6TH BLOCK, HMT LAYOUT, VIDYARANYAPUR, BENGALURU-560097. …PETITIONER
(BY SRI. A.S. KULKARNI, ADVOCATE - ABSENT)
AND:
1.
THE STATE OF KARNATAKA, BY NANJANAGUDU TOWN POLICE STATION, NANJANAGUDU-571301, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
2.
HARSHAKUMAR GOWDA, S/O MOHAN, AGED ABOUT 28 YEARS, RESIDING NANJUNDASWAMY LAYOUT, NANJANAGUDU TOWN-571 301, MYSURU DISTRICT. …RESPONDENTS
(BY SRI. SUHAS GOWDA M., HCGP FOR R1;
R2 - IS SERVED)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010393932020 NC: 2026:KHC:55257 CRL.P No. 7755 of 2020
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETITIONER/ACCUSED NO.2 IN THE NANJANAGUDU TOWN POLICE STATION, IN CR.NO.93/2020 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF IPC, ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC, NANJANAGUDU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
The learned counsel for the petitioner is absent even at 4:25 p.m.
2. The relief sought in the petition is to quash the FIR in Crime No.93/2020 against the petitioner/accused No.2, for the offence punishable under Sections 406 and 420 of IPC.
3. The specific allegations are made in the complaint (Annexure-B) that the petitioner along with other accused indulged in creating of documents and sold the vehicle. Hence, FIR is registered as per Annexure-A. In view of the judgment of the Apex Court in the case of DINESHBHAI CHANDUBHAI PATEL v. THE STATE OF GUJARAT reported in 2018 (3) SCC 104, when the complaint discloses the committing of an
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HC-KAR
CNR: KAHC010393932020 NC: 2026:KHC:55257 CRL.P No. 7755 of 2020
offence, the Investigating Officer has to investigate the matter and unearth the truth. The specific allegation is made against the petitioner as well as his friend Sathish Kumar that they collected an amount of Rs.24,90,000/- and created the documents and sold the vehicle to the complainant, but did not get the CC and hence, offence under Sections 406 and 420 of IPC are invoked in registering the case in Crime No.93/2020. In view of the discussion made by the Apex Court in paragraph Nos.30 and 31 of the judgment referred supra, the question of quashing the FIR does not arise.
4. Accordingly, the petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 31