Prosecution of public servants for actions within official duties requires prior sanction under Cr.P.C., which was not obtained, resulting in quashing of the case.

ORDER :

Sachin Shankar Magadum, J.

This writ petition is filed seeking quashing of the proceedings pending in Cr.No.56/2025 on the file of Principal Civil Judge(Jr.Dn.) and JMFC Court, Madikeri, for the offences punishable under Sections 463 , 464, 465, 468, 471, 419, 420 read with Section 34 of IPC.

2. A written complaint was lodged by respondent No.2 alleging that, on the basis of a forged representation, the petitioner, by misusing his position as a Government Surveyor, prepared and issued forged notices intimating the date of survey. The complainant, who resides abroad, has categorically disputed his presence in India and denied the signatures appearing on the said notices. It is further alleged that, on the strength of the forged representation, the notices were issued and statements were recorded. Consequently, respondent No.2 filed a written complaint before the jurisdictional police, alleging forgery, impersonation, and misuse of his Aadhaar credentials, contending that the petitioner forged his signatures on the representation and notices with intent to cheat.

3. The present petition is filed by accused No.2 (the Surveyor) seeking quashing of the proceedings primarily on two grounds. First, it is contended that the survey was undertaken in discharge of his official duties and, therefore, prior sanction under Section 197 of the Cr.P.C. is mandatory before prosecuting him. Secondly, the petitioner submits that the survey was initiated pursuant to a file received from the Tahsildar’s office, and notices were issued in that process. Hence, the alleged forgery of respondent No.2’s signatures by unknown persons, if any, cannot attract criminal liability insofar as the petitioner is concerned. On these grounds, the petitioner has prayed for quashing of the proceedings.

4. Learned counsel for the petitioner has relied upon the following judgments in support of his contentions:

(i) Parminder Kaur v. State of U.P. , [ 2009 Supreme (SC) 1675 ] and

(ii) Prabhu Chawla v. State of Rajasthan & Another (Criminal Appeal No. 842/2026).

5. Per contra, learned counsel for respondent No.2 vehemently opposed the petition, contending that the complaint is supported by both oral and documentary evidence, including the complainant’s passport, immigration stamps, and the forensic report concerning the alleged forged signatures. He submits that a thorough investigation is necessary since the allegations involve serious offences of forgery and abuse of public office. While countering the petitioner’s submissions, he argues that the FIR discloses independent criminal offences and is unconnected with any civil dispute regarding the property. He further submits that the inherent powers under Section 482 of the Cr.P.C. must be exercised sparingly and that this petition ought not to have been entertained to stall a cognizable investigation. According to him, the FIR clearly makes out a prima facie case of cheating and forgery.

6. I have heard the learned counsel for the petitioner, the learned counsel for respondent No.2/complainant, and the learned HCGP for the State.

7. At this stage, it is necessary to examine the gist of the allegations in the complaint, particularly paragraphs 5 and 6, which are relevant to the petitioner’s alleged involvement. It would be appropriate to extract those paragraphs for consideration.

"5. In the meantime, my mother Smt. Susheela Pani passed away on 09.05.2021 leaving behind me, my Brother and one sister as her sole legal heirs. On the demise of my mother, Smt. Susheela Pani my elder brother, sister and I being her onlylegal heirs acquired the absolute right, title and interest in and over the aforesaid properties by succession rights. Inorder to set the records right, after my mother's sad demise, my brother and I engaged a lawyer, by name Ranjit from Madikeri, to assist us to update the property documentation, including obtaining the RTC and to obtain the tax assessment based on the survey sketch of the land the said pro