IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.1060 OF 2024 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.

Digitally signed by R HEMALATHA

2. SRI. PRAKASH .G.T.

Location: High Court of S/O THIPPESWAMY Karnataka 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. 4. SRI. S. SANDEEP S/O SURANAYAKA AGED ABOUT 35 YEARS SECRETARY OF SRI. VALMIKI EDUCATION SOCIETY 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.

…PETITIONERS (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.

…RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. SAGAR B.B. ADV., FOR R2)

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 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 petitio