IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100190 OF 2024 (397(CR.PC)/438(BNSS)-)

BETWEEN:

SMT.RAJANI W/O RAJESH CHITTUR, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. GOUDAR ONI, GULAGANJIKOPPA, NEAR WATER TANK, DHARWAD-580008 …PETITIONER (BY SRI. K.S. KORISHETTAR, ADVOCATE)

AND:

1. SMT.REKHA W/O KUMARSWAMI HIREMATH, AGE. 46 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.496, II CROSS, II BLOCK, 8^TH MAIN, BASVESHWAR NAGAR, BENGALURU-590079.

CHANDRASHEKAR 2. ABHIJIT JAYADEV TORGALMATH, LAXMAN KATTIMANI AGE. 38 YEARS, OCC. AGRICULTURE AND SERVICE, R/O. CTS NO.4A/9B1, SADKHANKERI ROAD, Digitally signed by DHARWAD-580008.

CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 3. SMT. SHASHIKALA JAYADEV TORGALMATH, 16:59:29 +0530 AGE. 68 YEARS, OCC. SERVICE, R/O. CTS NO.4A/9B1, SADKHANKERI ROAD, DHARWAD-580008.

4. SMT. ROOPA W/O ASHOK PURANIK AGE. 50 YEARS, OCC. SERVICE, R/O.125, ALDERWOOD LANE, AURARA CITY IIINOIS, CHICAGO (USA), R/BY HER GPA HOLDER RESPONDENT NO.3.

…RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R2 TO R4;

NOTICE SERVED TO R1)

THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W

401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF THE COURTS BELOW AND EXAMINE THE RECORDS AND SET ASIDE THE ORDER PASSED IN CRL.APPEAL NO. 345/2022 DATED 16.12.2023 BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT, BELAGAVI, AND ALSO SETTING ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE, BAILHONGAL DATED 21.11.2022, PASSED ON I.A.NO. IV IN O.S.NO. 01/2011, AND CONSEQUENTLY I.A. NO. IV BE ALLOWED AS PRAYED, BY ALLOWING THIS PETITION, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri K.S.Korishettar, learned counsel for petitioner and Sri Vyas Desai for Sri Jagadish Patil, learned counsel for respondents No.2 to 4.

2. Defendant No.4 in O.S.No.1/2011 is the petitioner challenging the rejection of the application filed under Section 340 Cr.P.C. to take action against respondents No.2 to 4 who are the plaintiffs.

3. Factual aspects which are utmost necessary for disposal of the present petition are as under:

3.1 A compromise decree came to be passed in O.S.No.1/2011, which is now set aside and the suit is being contested for partition. During the course of the proceedings in the said suit, respondents No.2 to 4 said to have filed certain documents which are the documents pertaining to survey of the lands before the Additional Director of Land Records.

3.2 Present petitioner being defendant No.4 objected and questioned the validity of those documents by contending that the signatures found in the documents before the Survey Authorities is not the signature of defendant No.4 and filed an application under Section 340 Cr.P.C. to take action against respondents No.2 to 4.

4. Learned trial Judge after entertaining the objections of the petitioners, respondents No.2 to 4 dismissed the said application.

5. Being aggrieved upon the same, present petitioner filed a revision petition before the District Court.

6. District Court on consideration of material on record also dismissed the revision petition.

7. Challenging the orders passed by learned trial Magistrate and learned District Judge in refusing to take action under Section 340 Cr.P.C., petitioner is before this Court in this petition with the following prayer:

“To call for the records of the courts below and examine the records and set aside the order passed in Crl. Appeal No.345/2022 dated 16.12.2023 by the IX Addl. District and Sessions Judge and Member Addl. MACT, Belagavi, and also setting aside the order passed by the Senior Civil Judge, Bailhongal dated 21.11.2022, passed on I.A. No.IV in O.S.No.01/2011, and consequently I.A. No. IV be allowed as prayed, by allowing this petition, in the interest of justice.”

8. Sri K.S.Korishettar, learned counsel for the petitioner, wou