Criminal Petition No. 1060 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.1060 OF 2024 Digitally signed by R HEMALATHA Location: High Court of Karnataka BETWEEN: 1. SRI. K. THIPPESWAMY S/O BADAGI KATAIAH AGED ABOUT 50 YEARS PRESIDENT OF SRI. VALMIKI EDUCATION SOCIETY (R) KARUVINAKATTE CIRCLE CHITRADURGA RESIDING AT BATTAIAHNAHATTI VILLAGE NAYAKANAHATTI HOBLI NERALAGUNTE, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 536. 2. SRI. PRAKASH .G.T. S/O THIPPESWAMY AGED ABOUT 48 YEARS RESIDING AT CHALLAKERE TALUK, NERALAGUNTE, CHITRADURGA KARNATAKA-577 536. 3. SMT. B. RAYAMMA W/O PRASANNA KUMAR AGED ABOUT 31 YEARS RESIDING AT NERALAGUNTE CHALLAKERE TALUK CHITRADURGA KARNATAKA-577 536.
Legal Reasoning
4. SRI. S. SANDEEP S/O SURANAYAKA AGED ABOUT 35 YEARS SECRETARY OF SRI. VALMIKI EDUCATION SOCIETY - 2 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 KARUVINAKATTE CIRCLE CHITRADURGA RESIDING AT NO.213, 3/3 AND 212 TO 4040, NERALAGUNTE CHALLAKERE TALUK CHITRADURGA DISTRICT-577 536. 5. SMT. R. SUDHA W/O T. SURESHA AGED ABOUT 28 YEARS VICE PRESIDNET OF SRI. VALMIKI EDUCATION SOCIETY KARUVINAKATTE CIRCLE CHITRADURGA RESIDING AT NERALAGUNTE CHALLAKERE TALUK CHITRADURGA, KARNATAKA-577 536. (BY SRI. BIPIN HEGDE, ADV., FOR SRI. SRIDHARA N, ADV.,) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA TOWN P.S. CHITRADURGA DISTRICT-577 536 REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU, KARNATAKA-560 001. 2. SRI. G.C. SATHISH S/O G.B. CHANDRAPPA AGED ABOUT 50 YEARS HIGH SCHOOL TEACHER RESIDING AT ANUGRAHA NILAYA AMOGH LAYOUT, BANK COLONY CHITRADURGA-577 536. (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. SAGAR B.B. ADV., FOR R2) …PETITIONERS …RESPONDENTS - 3 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.0222/2023 REGISTERED BY THE CHITRADURGA TOWN P.S., CHITRADURGA FOR THE OFFENCES P/U/S/.465, 468, 470, 471, 463, 464 OF IPC 1860 ARISING OUT OF PCR NO.541/2023 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT CHITRADURGA AT (ANNEXURE A). QUASH THE ENTIRE PROCEEDINGS IN PCR NO.541/2023 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT CHITRADURGA REGISTERED FOR OFFENCE P/U/S.463, 464, 465, 468, 470, 471 OF IPC AT ANNEXURE-C & ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the registration of an FIR for offences punishable under Sections 465, 468, 470, 471, 463, and 464 of the IPC. Respondent No.2 filed a private complaint under Section 200 of the Cr.P.C., stating that he is the Secretary of Valmiki Education Society, a society registered under the Karnataka Societies Registration Act, 1960 (for short, ‘the Act’). The Society had filed an application for approval of the list of its members. Pending consideration of the said application and the documents annexed thereto, the petitioners- accused allegedly forged the signature of respondent No.2 on the list of office bearers by enrolling additional members and, thereafter, created documents purportedly showing that a resolution was passed in the Annual - 4 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 General Body Meeting expelling respondent No.2 as Secretary of the Society. The learned Magistrate referred the complaint to the police for investigation under Section 156(3) of the Cr.P.C., pursuant to which the police registered the FIR for the aforesaid offences. Aggrieved by the same, the petitioners have filed this petition. 2. Sri Bipin Hegde, learned counsel representing Sri Sridhara N., learned counsel for the petitioners, submitted that the learned Magistrate has not applied his mind before referring the complaint, and therefore, the referral for investigation under Section 156(3) Cr.P.C. stands vitiated. He further submitted that, on a similar set of allegations, respondent No.2 had filed a complaint before the Registrar under Section 25 of the Act. The Registrar, after conducting an enquiry, closed the complaint, stating that the allegations made against the petitioners were baseless and without any substance. He also submitted that on the same cause of action, respondent No.2 has filed a suit in O.S. No.210/2021 seeking a declaration that the resolution passed to remove him as Secretary is null and void and for other consequential reliefs. Moreover, he submitted that the offences alleged are cognizable in nature and, therefore, the private complaint filed without complying with Section 154(3) Cr.P.C. is not maintainable. - 5 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 3. In response, the learned counsel for respondent No.2 submitted that the allegations in the complaint disclose the commission of cognizable offences and hence require investigation. He submitted that the learned Magistrate, after applying his mind and perusing the complaint, has rightly referred it for investigation under Section 156(3) Cr.P.C. With respect to the enquiry, he submitted that the Registrar’s report was submitted without conducting a proper enquiry, and such a report does not absolve the petitioners of criminal liability. Accordingly, he prayed for dismissal of the petition. 4. The arguments of the learned counsel for the parties have been duly considered. 5. Respondent No.2 had earlier filed a complaint before the Registrar under Section 25 of the Act, challenging the resolution passed by the Society expelling him as Secretary, and also alleging that the petitioners had forged his signature on the list of members, which was subsequently submitted with the application for approval. The Registrar, after conducting an enquiry, submitted a report dated 01.12.2021 stating that the allegations were baseless and without substance, and closed the complaint. On a similar set of allegations, respondent No.2 also filed a suit in O.S. No.210/2021 seeking a declaration that the Annual General Body Meeting of the Society held on - 6 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 25.03.2021 is null and void, and for a permanent injunction. The said suit is currently pending. The private complaint was filed on 16.10.2023. Admittedly, there is no reference to respondent No.2 having approached the Superintendent of Police under Section 154(3) Cr.P.C. after complying with Section 154(1) Cr.P.C. Compliance with Section 154(3) Cr.P.C. has been held to be mandatory, and non-compliance renders the private complaint not maintainable. 6. A perusal of the order sheet indicates that the learned Magistrate referred the complaint to the police under Section 156(3) Cr.P.C. based on submissions made by the complainant’s counsel and the memo dated 16.09.2023 issued by the Town Police, Chitradurga. The learned Magistrate ought to have perused the complaint in its entirety and satisfied himself that the alleged offences are cognizable and that the complainant has complied with Sections 154(1) and 154(3) Cr.P.C. before referring the complaint under Section 156(3) Cr.P.C. Therefore, the referral of the complaint stands vitiated for non- compliance with Section 154(3) Cr.P.C., and the order is not legally sustainable, having been passed without proper application of mind. - 7 - NC: 2025:KHC:14997 CRL.P No. 1060 of 2024 7. The dispute between the parties is seized before the trial court in the suit instituted by the complainant challenging the resolution passed allegedly by fabricating the documents and expelling the complainant as secretary of the society. In such circumstances, continuation of the investigation would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. The impugned FIR in Crime No.222/2023 registered by Chitradurga Town Police Station, Chitradurga, is hereby quashed. 9. Liberty is reserved to respondent No.2 to agitate his claims in the pending suit. The trial Court shall decide the matter on its merits, uninfluenced by any observations made in this order. 10. The observations made herein are only for the purpose of disposal of the present petition. 11. All contentions of the parties are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR, List No.: 1 Sl No.: 49