- 1 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101749 OF 2024 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103557 OF 2022 CRIMINAL PETITION NO. 103202 OF 2023 CRIMINAL PETITION NO. 101344 OF 2024 IN CRL.P.NO.101749/2024 BETWEEN: CITY REAL ESTATE AND DEVELOPERS PROP. MUHAMMAD ASLAM S/O ABDUL MAJID MUNSHI AGE. 53 YEARS, OCC. BUSINESS R/O. NO. 11A, HIGH POINT SOCIETY OPP. PRASHANT LODGE, VISHRALI NAKE, PANVEL 410206 NAVI MUMBAI. …PETITIONER (BY SRI. R.M. JAVED, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ASHOK NAGAR P. S HUBLI REP BY STATE PUBLIC PROSECUTOR Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER HIGH COURT OF KARNATAKA BENCH AT DHARWAD 580001. 2. DEPUTY SUPERINTENDENT OF POLICE (I.O AND SP. ENQUIRY DIVISION) CID, CARBON HOUSE, PALACE ROAD BENGALURU 560001. 3. SANJAY DANCHAND GHODAWAT AGE. 70 YEARS, OCC. BUSINESS R/O T-3,, 3RD FLOOR, KALBURGI GREEN, NEAR SAI MANDIR VISHWESHWARNAGAR, HUBBALLI 5600021. …RESPONDENTS (BY SRI. B.N. JAGADEESHA ADDL. SPP ALONG WITH SMT. KIRTILATA R. PATIL, HCGP HCGP FOR R1 AND R2; SRI. G.M. BHAT, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS AND QUASH THE NOTICE ISSUED BY RESPONDENT NO.2 IN NO.CID/SED/CRM/HUBLI CITY ASHOK NAGARA PS 23/2018 DATED 08.05.2024, IN THE INTEREST OF JUSTICE. IN CRL.P.NO.103557/2022 BETWEEN: SHAIKH GULAM RASOOL S/O GULAM HUSSAIN SHAIKH AGE. 46 YEARS, OCC. PROPRIETOR M/S. SAHYOG HOMES AND CONSTRUCTION OFF. 267,NORONHA BUILDING, NEAR DCB BANK, CST ROAD, KURLA-MUMBAI-400 070 MAHARASHTRA. …PETITIONER (BY SRI. MANIYAR MUBEEN KHWAJA, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA THROUGH ASHOK NAGAR POLICE STATION HUBBALLI-580029, DIST. DHARWAD. (PRESENTLY TRANSFERRED AND INVESTIGATED BY CID) 2. MR. SANJAY S/O DANCHAND GHODAWAT S/O. MR. DANCHAND GHODAWAT AGE. 54 YEARS, R/O. T-3 THIRD FLOOR, KALBURGI GREEN, NEAR SAI MANDIR, VISHVESHWAR NAGAR, HUBBALLI-580032 DIST. DHARWAD, KARNATAKA. …RESPONDENTS (BY SRI. B.N. JAGADESSHA, ADDL. SPP. ALONG WITH SMT. KIRTILATA HCGP FOR R1; SRI. GANAPATHI M. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973 ON BEHALF OF ACCUSED NO. 14 FOR QUASHING OF FIR IN CRIME NO.23/2018 REGISTERED AT P.S.ASHOK NAGAR, HUBBALLI PRESENTLY THE MATTER BEING INVESTIGATED BY CRIME INVESTIGATION DEPARTMENT, BENGALURU, PRAYED THAT, THIS HON'BLE COURT BE PLEASED TO QUASH THE ORDER OF COGNIZANCE DATED: 09/09/2022 AND ENTIRE CRIMINAL PROCEEDINGS PENDING AGAINST THE PRESENT PETITIONER WHO IS ARRAYED AS ACCUSED NO. 14 IN C. C. NO. 2222/2022 (ASHOK NAGAR P. S. HUBBALLI IN CRIME NO. 23/2018), ON THE FILE OF J.M.F. C. 1 COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 420, 409, 411 R/W 34 AND 37 OF IPC, 1860, TO MEET THE ENDS OF JUSTICE. - 4 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER IN CRL.P NO.103202/2023 BETWEEN: 1. SHEETALKUMAR MANERE AGED ABOUT 57 YEARS, S/O SHRI SUDHAKAR MANERE R/O. 20/783/2, ‘NARAYNI’ YESH LAXMI HALL ROAD, ICHALKARANJI, DIST KOLHAPUR-416115 MAHARASHTRA. 2. JYOTI SHEETALKUMAR MANERE AGED ABOUT 52 YEARS, S/O SHRI SUDHAKAR MANERE R/O. 20/783/2, ‘NARAYNI’ YESH LAXMI HALL ROAD, ICHALKARANJI, DIST KOLHAPUR-416115 MAHARASHTRA. …PETITIONERS (BY SRI. NAGENDRA NAIK, SENIOR COUNSEL FOR SRI. A.B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION, HUBBALLI DISTRICT DHARWAD-580029 PRESENTLY TRANSFERRED AND INVESTIGATED BY CID. 2. MR. SANJAY DANCHAND GHODAWAT S/O MR. DANCHAND GHODAWAT AGED ABOUT 59 YEARS, R/AT 2549, SUSHREYA YASHWANT HOUSING SOCIETY JAYSINGPUR, SHIROL, KOLHAPUR-416101 MAHARASHTRA. - 5 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP. ALONG WITH SMT. KIRTILATA R. PAITL, HCGP FOR R1; SRI. GANAPAT M. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. 1973, PRAYING TO QUASH THE FIR IN CRIME NO. 23/2018, AND CHARGE SHEET IN C.C.NO. 2222/2022, PENDING ON THE FILE OF JMFC-I AT HUBBALLI AND SUPPLEMENTARY CHARGE SHEETS THEREIN AND QUASH THE COGNIZANCE ORDERS DATED 09.09.2022 AND 28.0.2022, AS WELL AS ALL PROCEEDINGS IN C.C.NO. 2222/2022, PENDING BEFORE THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS-I HUBBALLI, AND ETC.,. CRL.P.NO.101344/2024 BETWEEN: 1. SHRI. NILESH S/O SHYAMSUNDAR SABALE AGE. 44 YEARS, OCC. BUSINESS, R/O. PLOT NO 95-96-97 -9 FLAT NO. 201 WING B TULSI SAGAR BUILDING, SECTOR NO. 28 NERUL, MUMBAI-400706. 2. SMT. APPROVA W/O NILESH SABALE AGE. 39 YEARS, OCC. HOUSEHOLD AND BUSINESS, R/O. PLOT NO 95-96-97-9 FLAT NO. 201 WING B TULSI SAGAR BUILDING, SECTOR NO. 28 NERUL.MUMBAI-400706. …PETITIONERS (BY SRI. MAHESH WODEYAR, ADVOCATE) - 6 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA THROUGH ASHOK NAGAR POLICE STATION, REP. BY ADDL SPP, DHARWAD HIGH COURT OF KARNATAKA BENCH AT DHARWAD-580011. 2. SHRI SANJAY S/O DHANCHAND GHODAWAT AGE.54 YEARS, OCC. BUSINESS, R/O. T-3, 3RD FLOOR, KALBURGI GREEN, NEAR SAI MANDIR, VISHWESHNAGARA, HUBBALLI-580032. …RESPONDENTS (BY SRI. B.N. JAGADEESHA ADDL. SPP. ALONG WITH SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. G.M. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE CHARGE SHEET DATED 03.09.2022 BEARING CHARGE SHEET NO.03/2022 FOR THE U/S 120B, 409, 420, 411 R/W 34 AND 37 OF IPC AND INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN CC NO.2222/2022 AT JMFC-I COURT, HUBLI FOR THE OFFENCES PUNISHABLE U/S 120B, 409, 420, 411 R/W 34 AND 37 OF IPC, SO FAR PETITIONERS/ACCUSED NO.12 AND 17 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard learned counsel for parties and learned High Court Government Pleader, Additional State Public Prosecutor and counsel for second respondent. 2. The Criminal Petition No.101749/2024 is filed under Section 482 of the Criminal Procedure Code (hereinafter referred to as ‘the Cr.P.C.’ for short) with the following prayer: “Therefore it is most humbly prayed before this Hon'ble court that to kindly: a) Call for the records, b) Quash the notice issued by Respondent no.2 in No.CID/SED/Crm/Hubli City Ashoknagara PS/23/2018 dated.08.05.2024, in the interest of justice and c) Pass any other Order's as deemed fit under the facts and circumstances of the case in the interest of justice and equity.” 3. The Criminal Petition No.103557/2022 is filed under Section 482 of the Cr.P.C. with the following prayer: “Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly prayed - 8 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER that, this Hon'ble Court be pleased to quash the order of cognizance dated: 09/09/2022 and entire criminal proceedings pending against the present petitioner who is arrayed as accused no. 14 in C. C. No.2222/2022 (Ashok Nagar P. S. Hubballi in Crime No. 23/2018), on the file of J.M.F. C. 1 Court, Hubballi, for the offences punishable under Sections 120(B), 420, 409, 411 r/w 34 and 37 of IPC, 1860, to meet the ends of justice.” 4. The Criminal Petition No.103202/2023 is filed under Section 482 of the Cr.P.C. with the following prayer: “In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Court may be pleased to: a) Quash the FIR in Crime No. 23/2018, and charge-sheet in C.C. No. 2222/2022, pending on the file of Ld. JMFC-I, at Hubballi and supplementary charge sheets therein; b) Quash the cognizance orders dated 9.9.2022 and 28.9.2022, as well as all proceedings in C.C. No. 2222/2022, pending before the Court of Ld. Judicial magistrate First Class-I, Hubballi; c) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” - 9 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER 5. The Criminal Petition No.101344/2024 is filed under Section 482 of the Cr.P.C. with the following prayer: “WHEREFORE, the petitioners/Accused No.12 and 17 humbly prays that this Hon’ble Court may be pleased to allow this criminal petition and quash the charge sheet dated 03.09.2022 bearing Charge sheet No. 03/2022 for the U/s 120B, 409, 420, 411 R/w 34 and 37 IPC and initiation of criminal proceedings against the petitioners in C.C.No. 2222/2022 at JMFC-I court Hubli, for the offences punishable u/s. 120B, 409, 420, 411, R/w 34 and 37 IPC, so far petitioners/A12 and 17 are concerned in the interest of justice and equity.” 6. A memo filed in Criminal Petition No.103202/2023 on behalf of the State is taken on record. The memo reads as under: “It is submitted on behalf of the It is submitted that subsequent to the investigation and the order passed by the Supreme Court in SLP No: 651- 653/2002, the investigating agency filed a preliminary charge sheet in CC No:2222/2022 (Cr No 23/2018, Ashok Nagara Police Station) and CC No 6958/23 (Cr No 48/2017, Hubli Sub-urban Police Station). 3. It is submitted that both cases can be clubbed together to conduct common trial. - 10 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER 4. It is submitted that, the further investigation is in progress and, upon completion of the Investigation, the Investigation agency may be permitted to file the additional final police report. 5. This memo may be placed on record, and the petition may be disposed of in terms of the above memo in the interests of justice and equity.” 7. In respect of a financial fraud, said to have been committed by the petitioners herein, several complaints have been lodged. First FIR in this regard came to be lodged in Crime No.48/2017 on 26.03.2017. The jurisdictional police investigated the matter and filed charge sheet on 12.06.2023. 8. Likewise, in respect of the similar/same offence another FIR came to be filed which was registered in Crime No.23/2018 and on 10.06.2018 and charge sheet came to be filed before the jurisdictional Magistrate on 03.09.2022. 9. Subsequently, seven more FIRs were filed. The petitioners herein being the accused in the Crime Nos.48/2017 and 23/2018 are already facing the trial in CC No.6958/2023 in - 11 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER respect of Crime No.48/2017 and CC No.2222/2022 in respect of Crime No.23/2018 on the file of JMFC – I Court, Hubballi. 10. The petitioner in Criminal Petition No.103202/2023 is not an accused in Crime No.48/2017. In the meantime, the matter was carried before the Hon'ble Apex Court in SLP No.651-653 of 2022 by the accused persons. In the said case, the Hon'ble Apex Court directed clubbing of the different crime numbers and accused persons were directed to be tried in respect of Crime No.23/2018 which is now pending in CC No.2222/2022. 11. In Criminal Petition No.101749/2024, the petitioner has challenged only the issue of notice given by the Investigating Officer. In fact, by issuing a notice, the Investigating Officer wanted to enquire the role, if any, that has been played by the petitioner. As such, the petitioner has to appear before the Investigating Officer and if any incriminating materials are found against him, then suitable action would be taken by the Investigating Officer by filing appropriate report. - 12 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER 12. Therefore, at this point of time, no power can be exercised by this Court under Section 482 of the Cr.P.C., with regard to the apprehension of the petitioner. Hence, Criminal Petition No.101749/2024 needs to be dismissed with liberty to the petitioner to appear before the Investigating Officer. 13. If the petitioner is arraigned as accused by filing charge sheet, he may challenge the same in accordance with law. 14. In respect of other petitioners, taking note of the fact that, the Hon’ble Supreme Court has directed that the charge sheet is filed in respect of the offence in respect of the Crime No.23/2018, and also taking note of the fact that all the accused persons, including the accused persons in Criminal Petition No.103202/2023 in the charge sheet filed in respect of Crime No.48/2017, if all the accused persons are directed to be tried in the charge sheet filed in respect of Crime No.48/2017, the ends of justice would be met and apprehension of accused persons that there would be double jeopardy would also be quelled. - 13 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER 15. Accordingly, the charge sheet filed in respect of Crime No.23/2018 is being partial charge sheet, inasmuch as, all the accused persons have not been included, if investigation agency is directed to file a supplementary charge sheet in respect of Crime No.48/2017, which would include the charge sheet materials in respect of Crime No.23/2018 and other FIRs. 16. Further, such a direction would ensure that the ends of justice would be met and the matter can be thrashed out thoroughly in one and the same case. 17. Crime No.48/2017, wherein charge sheet was filed on 12.06.2023 and learned JMFC-I, Hubballi, has taken cognizance, all the petitioners herein, except the petitioner in Criminal Petition No.101749/2024, shall appear before the JMFC-I Court at Hubballi, soon after they receive summons and they shall not be permitted to contest the case in accordance with law. 18. Accordingly, the following: ORDER (i) The Criminal Petition No.101749/2024 is dismissed with liberty to the petitioner to - 14 - HC-KAR NC: 2026:KHC-D:227 CRL.P No. 101749 of 2024 C/W CRL.P No. 103557 of 2022 CRL.P No. 103202 of 2023 AND 1 OTHER appear before the Investigating Officer. If the petitioner is arraigned as accused, he may challenge the same in accordance with law. (ii) The charge sheet in respect of Crime No.23/2018 challenged in Criminal Petition Nos.103557/2022, 103202/2023 and 101344/2024, is hereby quashed. (iii) The Investigation Agency is permitted to further investigate the matter in Crime No.48/2017 and file a supplementary charge sheet under Section 173(8) of the Cr.P.C. including the materials collected in Crime No.23/2018. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE SMM – upto para 6 RHR – para 7 to till end CT-CMU LIST NO.: 2 SL NO.: 32