THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ORDER DATED 02.07.2019 TAKING COGNIZANCE PASSED BY LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, TARIKERE IN CRIME NO.101/2016 (PCR NO.36/2016) FIR DATED 18.08.2016 REGISTERED BY 1st RESPONDENT AND COMPLAINT DATED 30.06.2016 FILED BY 2nd RESPONDENT.

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

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

1. Challenging order dated 02.07.2019 and entire proceedings in PCR no.36/2016 on file of Additional Civil Judge and JMFC., Tarikere for offences punishable under Sections 466, 468, 473, 474, 476 read with Section 34 of Indian Penal Code, 1860 (IPC).

2. Sri Vijaya Kumar K. learned counsel for petitioners submitted, petitioners were accused no.1 to 4 (petitioners) in complaint dated 30.06.2016 filed by respondent no.2 (complainant) stating that he was resident of Lakkavalli. That his wife - Smt.Sujatha BH belonged to Kuruba Community classified as BCM (A) category. Therefore, she obtained certificate issued by Tahsildar, Tarikere and contested Election for post of Member of Taluk Panchayat from Lakkavalli constituency reserved for BCM (A) Women Category. But lost Election to accused no.1.

3. It was stated that accused no.2 to 4 were father, brother and husband of accused no.1 and belonged to Modaliyar caste classified under General Category. But with malafide intention of enabling accused no.1 to contest Election from Lakkavalli reserved constituency, accused no.4 colluded with accused no.2 and 3 created false documents showing accused no.2 as belonging to Agamudi community notified as BCM (A) caste and laid down foundation for obtaining false certificate by accused no.1. And though accused no.2 was resident of Shivamogga since fifty years, he obtained ‘Hindu Agamudi’ caste certificate from Deputy Tahsildar, Chetpet, Polur Taluk, Tiruvannamalai District, Tamil Nadu suppressing his caste in school records as Modaliyar. Thus, even when there was no basis for claiming Agamudi caste, accused no.1 and 3 secured caste certificates from Tahsildar, Shivamogga based on forged documents. And as contesting Election from reserved constituency based on false caste certificate was punishable offence, complainant initially approached Circle Inspector of Police, Lakkavalli, to lodge complaint. As Police refused to receive and register complaint, he filed private complaint i.e. PCR no.36/2016 on 30.06.2016 before Addl. Civil Judge and JMFC, Tarikere, producing school certificate of accused no.1 showing her caste as Modaliyar.

4. As per direction of Court, FIR in Crime no.101/2016 was registered by Lakkavalli Police Station on 18.08.2016. After investigation 'B' Report was filed on 28.11.2016, to which complainant filed protest petition. Thereafter, sworn statement was recorded and based on same cognizance of offences punishable under Sections 466, 468, 473, 474, 476 read with Section 34 of IPC was taken against accused and ordered for issuance of process. Aggrieved, this petition was filed.

5. It was submitted non-filing of affidavit along with private complaint mandated in Priyanka Srivastava v. State of UP, reported in (2015) 6 SCC 287, was fatal. Likewise, due to non-exhaustion of remedies under Sections 154 (1) and 154 (3) of Code of Criminal Procedure, 1973 (CrPC) prior to approaching Magistrate. Further, absence of judicious order referring to Complaint and 'B' Report after it is filed as well as prior to taking cognizance of offences against accused after rejection of 'B' Report as per procedure laid down by this Court in case of Dr.Ravikumar v. KMC Vasantha and Anr. reported in ILR 2018 KAR 1725 was also fatal.

6. In addition, it was contended that complainant lacked locus standi to initiate criminal proceedings especially after election petition in EP no.1/2016 filed by his wife was dismissed on limitation on 01.03.2018 and same would