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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Nagaraj, Son Of Late Beerappa – Appellant
Versus
State, By Doddaballapur Town Police, Doddaballapur, Rep. By SPP High Court Of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of criminal petitions filed. (Para 1) |
| 2. petitioners argue lack of evidence. (Para 2 , 3 , 10) |
| 3. details of investigation findings. (Para 4 , 5 , 6 , 8 , 12 , 13) |
| 4. evidence of conspiracy and forgery. (Para 7 , 9 , 11 , 14 , 15 , 16) |
| 5. court's rationale for rejecting petitions. (Para 17) |
| 6. final decision on petitions. (Para 18) |
ORDER :
J.M. KHAZI, J.
In these petitions filed under Section 482 of the Code of Criminal Procedure, accused Nos.9, 10 and 11 have sought for quashing of criminal proceedings initiated against them in C.C.No.5752/2022 on the file of Additional Civil Judge and JMFC, Doddaballapur, for the offences punishable under Sections 464 , 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 r/w Section 34 IPC, (arising out of Cr.No.58/2020 Doddaballapura Town PS).
2. In support of the petitions, the petitioners have contended that on the comprehensive perusal of the complaint and charge sheet, there is no prima facie case made out against the petitioners. False allegations are made as to the complicity of the petitioners in commission of the offences. The allegations are patently absurd and inherently improbable and as such liable to be quash
A court may not quash criminal proceedings merely based on accusations of falsehood; evidence establishing a prima facie case necessitates trial to ascertain involvement.
The court established that pending civil proceedings do not preclude criminal liability for forgery and conspiracy when sufficient prima facie evidence exists.
The existence of a civil suit does not bar criminal proceedings for the same cause, as the standards of proof differ between civil and criminal cases.
The bar under Section 195 Cr.P.C does not apply to forgery occurring before the presentation of documents to authorities, allowing criminal proceedings to continue.
A Sub Registrar cannot be held liable for offences related to property registration without specific allegations in the FIR, as per the provisions of the Registration Act.
The main legal point established in the judgment is that lack of prima facie evidence and mala-fide intention in a civil dispute can lead to the quashing of criminal proceedings.
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