Shivalingaswamy Guru Mahadevaswamy Vs C S Nimbal and Ors. — Karnataka HC (2025) — LawSathi Research

Shivalingaswamy Guru Mahadevaswamy Vs C S Nimbal and Ors. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; petition dismissed, with express reservation that the order will not come in the way of the petitioner/party-in-person working out his remedy in the manner known to law (i.e., enforcement of the decree through civil remedies such as Order 21 Rule 32 CPC).

Issue for consideration

Whether the petition assailing the concurrent orders arising out of Cr.No.423/2021 - the Magistrate's dismissal of the private complaint under Section 203 Cr.P.C. and its affirmation in revision - merits indulgence, i.e., whether the impugned orders are vitiated by illegality. +1 more

Court's answer

The learned Magistrate was justified in not taking cognizance on the private complaint.

Ratio / Principle

A decree-holder aggrieved by the conduct of the defendants in O.S.No.138/1995 cannot enforce the decree through a private complaint under Section 200 Cr.P.C.; even if the consequential relief in the suit was one for injunction, in view of the amendment to Order 21 Rule 32 of the Civil Procedure Code, the petitioner has liberty to enforce the decree through that route.

Key takeaways

The orders impugned do not suffer from any illegality; the Court is not inclined to grant any indulgence and the petition is liable to be dismissed.ratio¶52

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. read with S.528 BNSS filed by the complainant (party-in-person) seeking quashing of (i) the order dated 10.03.2022 of the Principal JMFC, Kalaburagi dismissing his private complaint in (P.C.) Cr.No.423/2021 under S.203 Cr.P.C. (Annexure-B), and (ii) the order dated 15.09.2022 of the I Addl. District and Sessions Judge, Kalaburagi affirming the dismissal in Crl.R.P.No.21/2022 (Annexure-C). The complaint sought to enforce the decree in O.S.No.138/1995; the Magistrate, after permitting the sworn statement and production of 61 documents, held the ingredients of Sections 191, 196, 198, 200, 205, 209, 408, 416, 417, 419, 420, 504 and 506 were not made out. Held: a decree-holder aggrieved by the defendants' conduct has, in view of the amendment to Order 21 Rule 32 of the Civil Procedure Code, liberty to enforce the decree even where the consequential relief is injunction; seeking enforcement of a decree through a private complaint under S.200 Cr.P.C. is impermissible; the Magistrate was justified in not taking cognizance; the impugned orders suffer from no illegality. Petition dismissed with liberty to work out remedies in law. (Single Judge: Sachin Shankar Magadum, J.; decision dated 10.12.2025.)

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NC: 2025:KHC-K:7657 CRL.P No. 201468 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

CRIMINAL PETITION NO.201468 OF 2023

(482(Cr.PC)/528(BNSS))

BETWEEN:

SHIVALINGASWAMY GURU MAHADEVASWAMY, AGE: 68 YEARS, OCC: PRESIDENT OF SRI. SHIVAYOGISWAMY MEMORIAL EDUCATION SOCIETY, KODLA, PRESENT AT H.NO.172, INDIRA NAGAR, KALABURAGI.

…PETITIONER

(BY SRI. PARTY IN PERSON(SHIVALINGASWAMY), ADVOCATE)

AND:

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

C. S. NIMBAL DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NEAR SIDDI BASHA DARGAH, MAIN ROAD, KALABURAGI-585102.

PARSAPPA TYPIST AND CASE WORKER OFFICE OF DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NEAR SIDDI BASHA DARGAH,

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MAIN ROAD, KALABURAGI-02.

NANJUNDASWAMY S/O MAHADEVASWAMY, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. PLOT NO.107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103.

SHANKER KODLA S/O KASAPPA KODLA, AGE: 66 YEARS, OCC: SOCIAL WORKER, NO. 107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103.

JNANA PRAKASH SWAMY @ CHIKKAVEERAYYA, AGE: 40 YEARS, OCC: SOCIAL WORK, NO. 107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103.

SIDDAVEERAYYA HIREMATH BLOCK EDUCATIONAL OFFICER, NEAR BUS STAND, CHITTAPUR-585211, TQ. CHITTAPUR, DIST. KALABURAGI.

SATYAMURTHY BAGODI BLOCK EDUCATIONAL OFFICER, A.C. OFFICE COMPOUND, SEDAM-585222, TQ. SEDAM, DIST. KALABURAGI.

GURULINGAPPA S/O NARSAPPA, AGE: 35 YEARS, OCC: S.D.A. SHANTAVEERESHWAR HIGH SCHOOL, SEDAM, R/O. PLOT NO.107, CIB COLONY, BEHIND CENTRAL BUS STAND, KALABURAGI-585103.

NARSAPPA S/O SAIBANNA KUDREN,

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HC-KAR

AGE: 68 YEARS, OCC: PENSIONER, R/O. PLOT NO.107, CIB COLONY, BEHIND, CENTRAL BUS STAND, KALABURAGI-585103.

SHANTAGOUDA DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI), RAJAPUR ROAD, KALABURAGI, NOW AT YADAGIRI-585201.

…RESPONDENTS

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. 528(BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.03.2022 PASSED BY THE PRINCIPAL JMFC COURT AT KALABURAGI IN (P.C.) CRIME NO.423/2021 VIDE ANNEXURE-B AND THE IMPUGNED ORDER DATED 15.09.2022 PASSED BY I ADDL. DISTRICT AND SESSIONS JUDGE, AT KALABURAGI IN CRL.REVISION PETITION NO.21/2022 VIDE ANNXURE-C. 3) BE PLEASE TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE PRL. JMFC KALABURAGI TO ISSUE NOTICE TO RESPONDENTS/ ACCUSED AND TO TAKE COGNIZANCE OF THE OFFENCE AND PUNISH THEM IN ACCORDANCE WITH LAW.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This petition is filed by the complainant assailing the

concurrent orders arising out of Cr.No.423/2021.

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HC-KAR

The gist of the private complaint filed by the

petitioner in Cr.No.423/2021 is that he intends to execute the order passed in O.S.No.138/1995. The learned Magistrate having permitted the party in person to record his sworn statement and having permitted him to produce in all 61 documents has come to the conclusion that the ingredients of Sections 191, 196, 198, 200, 205, 209, 408, 416, 417, 419, 420, 504 and 506 are not made out. The learned Magistrate found that the petitioner who has the benefit of the decree and several directions issued by the writ Court now intends to enforce the decree passed in O.S.No.138/1995, which is impermissible in a private complaint filed under Section 200 of Cr.P.C. Consequently, the learned Magistrate acting under Section 203 of Cr.P.C. has dismissed the complaint and this is affirmed by the revisional Court in Crl.R.P.No.21/2022.

On closer examination of both the orders, this Court is of the view that petitioner/party-in-person is probably ill-advised. If he is aggrieved by the conduct of

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HC-KAR

the defendants in O.S.No.138/1995, even if the consequential relief is one for injunction, in view of amendment to Order 21 Rule 32 of Civil Procedure Code, petitioner has a liberty to enforce the decree. Therefore,

the learned Magistrate was justified in not taking cognizance. In view of these facts, this Court is not inclined to grant any indulgence. The orders impugned do not suffer from any illegality. Therefore, the petition is liable to be dismissed.

Accordingly, the petition is dismissed. However, this order will not come in the way of the petitioner/party-in-person in working out his remedy in the manner known to law.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

ALB

List No.: 2 Sl No.: 6 CT:SI