Ismail Saheb S/O.Rajesab Shirahatti v. State of Karnataka

Karnataka HC18 Sept 2025CRL.P/100489/2020

Case brief

AI extract

What is this about?

Quashing of FIR — Section 482 Cr.P.C. — Crime No.126/2013, Halageri Police Station, Haveri — Sections 120B, 408, 420, 465, 468, 471 IPC — departmental enquiry exoneration plea rejected — enquiry report dated 02.11.2018 (Annexure-D) not final — fresh enquiry ordered by Disciplinary Authority, reports not accepted — Karnataka Administrative Tribunal dismissal — W.P.No.932/2025 pending — liberty to file fresh petition on exoneration — CRL.P No.100489 of 2020 — High Court of Karnataka, Dharwad Bench — S. Vishwajith Shetty, J. — decided 18.09.2025.

What did the court decide?

Liberty to the petitioner to file a fresh petition in the event he is exonerated in the departmental enquiry; no quashing of the complaint/FIR or further proceedings. ¶47-48

Ismail Saheb S/O.Rajesab Shirahatti Vs State of… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh petition in the event he is exonerated in the departmental enquiry; no quashing of the complaint/FIR or further proceedings.

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Issue for consideration

Whether the complaint and FIR in Crime No.126/2013 of Halageri Police Station (offences under Sections 120B, 408, 420, 465, 468 & 471 IPC) and all further proceedings pursuant thereto, insofar as the petitioner/Accused No.1 is concerned, ought to be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

No good ground having been shown, the Court declined to entertain the petition and dismissed it, with liberty to the petitioner to file a fresh petition in the event he is exonerated in the departmental enquiry.

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Ratio / Principle

The enquiry report dated 02.11.2018 (Annexure-D) has not reached finality; on the other hand, the Disciplinary Authority has passed an order for holding a fresh enquiry against the petitioner, and the fresh enquiry reports subsequently filed were also not accepted by the Disciplinary Authority.

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Key takeaways

The petitioner's challenge to the Disciplinary Authority's fresh-enquiry order was dismissed by the Karnataka Administrative Tribunal, and his writ petition W.P.No.932/2025 against the Tribunal's order is pending consideration before this Court.ratio¶5
It is apparent that the petitioner has not been exonerated in the departmental enquiry, and therefore the ground urged in support of his quashing prayer is not available to him at this stage.ratio¶5

Detailed headnote1 paragraphs

Criminal Petition (S.482 Cr.P.C.) by Accused No.1, a serving KAS officer working as Land Acquisition Officer, seeking quashing of the complaint and FIR in Crime No.126/2013 of Halageri Police Station, Haveri (offences under Sections 120B, 408, 420, 465, 468 & 471 IPC) pending before the District and Sessions Judge and Special Judge, Haveri, and all further proceedings insofar as he is concerned — DISMISSED. Held: the plea founded on exoneration in departmental proceedings is unavailable, since the enquiry report dated 02.11.2018 (Annexure-D) has not reached finality; the Disciplinary Authority ordered a fresh enquiry (indeed a fourth fresh enquiry was contested), the fresh enquiry reports were not accepted, the petitioner's application before the Karnataka Administrative Tribunal was dismissed, and W.P.No.932/2025 challenging the Tribunal's order is pending in this Court. Liberty reserved to the petitioner to file a fresh quashing petition upon actual exoneration in the departmental enquiry.

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NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100489 OF 2020 (482(CR.PC)/528(BNSS))

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BETWEEN:

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ISMAIL SAHEB S/O. RAJESAB SHIRAHATTI, AGED ABOUT 49 YEARS, OCC. KAS (JR.GR) OFFICER, LAND ACQUISITION OFFICER, TUNGA MELDANDE PROJECT, RANEBENNUR, DIST. HAVERI, PRESENTLY WORKING AS SPECIAL LAND ACQUISITION OFFICER (NHAI), BALLARI.

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… PETITIONER

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Digitally signed byRAKESH S RAKESHSHARIHAR HARIHARLocation:HIGHCOURT OF KARNATAKA DHARWAD BENCH

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(BY SRI. K.L. PATIL, ADVOCATE)

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AND:

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STATE OF KARNATAKA,

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THROUGH POLICE SUB-INSPECTOR, HALAGERI POLICE STATION, PRESENTLY INVESTIGATION IS PENDING WITH THROUGH DIRECTOR GENERAL OF POLICE, C.I.D. SPECIAL UNIT AND ECONOMIC OFFENCES, NO.1, CARLTON BHAVAN PLACE ROAD, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR,

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NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020

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HC-KAR

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HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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DY. S.P/INVESTIGATION OFFICER, ECONOMIC OFFENCES, C.I.D NO.1, CARLTON BHAVAN, PLACE ROAD, BENGALURU.

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EXECUTIVE ENGINEER, KNNL, TUNGABHADRA UPPER PROJECT DIVISION, RATTIHALLI, TQ. HIREKERUR, DIST. HAVERI.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R3)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED BY THE RESPONDENT POLICE IN THEIR CRIME NO.126/2013 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 408, 420, 465, 468, 471 OF IPC, PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, AND CONSEQUENTLY TO QUASH ALL THE FURTHER PROCEEDINGS PURSUANT TO THE ABOVE SAID FIR IN SO FAR AS PETITIONER IS CONCERNED.

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THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.1 is before this Court with a prayer

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to quash the complaint and FIR registered in Crime No.126 of 2013 by Halageri Police Station, Haveri for offences punishable under Sections 120B, 408, 420, 465, 468 & 471 of IPC.

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Heard learned counsel for the petitioner and the learned HCGP for the respondent Nos.1 and 2.

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Learned counsel for the petitioner submits that the petitioner has been exonerated in the departmental proceedings on 02.11.2018 and the report of the enquiry officer is at Annexure-D. The allegations found in the impugned criminal proceedings as well as in the departmental enquiry are one and the same and therefore the impugned criminal proceedings cannot be sustained.

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It is brought to the notice of this Court that the

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enquiry report dated 02.11.2018 at Annexure-D has not

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4 - NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020

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HC-KAR

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reached finality and on the other hand Disciplinary Authority

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has passed an order for holding a fresh enquiry against the petitioner and subsequently, fresh enquiry reports were also filed and even the said reports were not accepted by the Disciplinary Authority and therefore the petitioner had approached the Karnataka Administrative Tribunal, challenging the order passed by the Disciplinary Authority to conduct fresh enquiry for the fourth time.

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The Karnataka Administrative Tribunal has

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dismissed the application filed by the petitioner challenging the order passed by the Disciplinary Authority and assailing the order passed by the Karnataka Administrative Tribunal, the petitioner has approached this Court in W.P.No.932/2025 which is pending consideration. Therefore, it is apparent that the petitioner has been not exonerated in the present case in the departmental enquiry and the ground urged in support of the prayer made by the petitioner is not available to him at this stage. Therefore, I do not find any good ground to entertain this petition.

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NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020

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HC-KAR

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Accordingly, this petition is dismissed with liberty to the petitioner to file a fresh petition in the event he is

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exonerated in the departmental enquiry.

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Sd/(S.VISHWAJITH SHETTY)

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