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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12670 OF 2026 BETWEEN:

DR. KUSUMA SHAMNOOR, D/O CHANDRAPPA SHAMNOOR, AGED ABOUT 39 YEARS, ASST. PROFESSOR, PHYSICAL EDUCATION, KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, IRUVAKKI, ANANDAPURA, SAGARA TALUK, SHIVAMOGGA - 577412.

…PETITIONER (BY SRI K S PONNAPPA, ADVOCATE)

AND:

Digitally signe d by

1. STATE OF KARANATAKA, CHETAN B C Location: BY ANANDAPURA POLICE STATION, High Court SAGARA TALUK, SHIVAMOGGA 577412.

of Karnataka REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

2. DR. NAGARAJA S, S/O SHANMUKHA S.S, AGED ABOUT 41 YEARS, I STAGE, RML NAGAR, 18TH CROSS, ADJACENT TO AL MOHAMMAD SCHOOL, SHIVAMOGGA 577412.

…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO 1. QUASH THE ORDER DATED 25.07.2026 PASSED BY THE PRL. SR. CIVIL JUDGE AND J.M.F.C. AT SAGAR IN THE UNNUMBERED PCR DATED 25.07.2026 REFERRING THE COMPLAINT TO RESPONDENT NO.1 FOR INVESTIGATION U/S

175(3) OF THE BNSS 2023 AT ANNEXURE-A AND ETC.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner - accused is before this Court seeking the following prayer:

"A. Call for records in the unnumbered PCR dated 25.07.2026 on the file of the Prl. Senior Civil Judge and J.M.F.C., at Sagar;

B. Quash the order dated 25.07.2026 passed by the Prl. Senior Civil Judge and J.M.F.C., at Sagar in the unnumbered PCR dated 25.07.2026 referring the complaint to Respondent No. 1 for investigation under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 at Annexure-A;

C. Quash the proceedings in the unnumbered PCR dated 25.07.2026 on the file of the Prl. Senior Civil Judge and J.M.F.C., at Sagar and consequently Quash the First Information Report registered in Anandpura P.S. Sections 335, 336, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023 in crime no. 143/2026 by the Respondent No. 1 at Annexure - B.

D. Pass such other orders as this Hon'ble Court deems fit in the interest of justice."

2. Heard Sri K.S.Ponnappa, learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1. Notice to respondent No.2 is not issued.

3. The primary contention of the learned counsel for the petitioner is that the matter is referred for investigation without compliance with the mandate of Section 175(3) and (4) of the BNSS, inasmuch as no report from the hands of the Officer in charge of the police station having jurisdiction is sought, as is necessary in law. The learned counsel would submit that the issue in the lis stands answered by the judgment rendered by this Court in the case of Sri Mahadevaiah and Anr. v. State of Karnataka, Crl.P.No.4250/2026, disposed of on 07.04.2026.

4. It becomes necessary to notice the impugned order dated 25.07.2026, which reads as follows:

"ORDERS ON REFERENCE U/SEC 175(3) OF BNSS The complainant by name Dr. Nagaraj has presented this private complaint under Section 223 of BNSS, 2023, alleging that the proposed accused Dr. Kusuma Shyamanur, secured employment at the Keladi Shivappa Nayaka, University of Agricultural and Horticultural Sciences by producing fabricated, false and forged Ph.D. and M.Phil documents, a false caste certificate and a false affidavit. It is alleged that the accused failed to satisfy the essential eligibility criteria prescribed by the University and by relying on forged public/educational records, unlawfully obtained the appointment, thereby depriving the complainant of the said post.

2. Perused the record and documents produced. According to the complainant, he has approached the Officer-in- Charge of Anandpura Police Station and Superintendent of Police, Shivamogga, but no action was taken.

3. The application is