Denny M J Vs State of Karnataka

THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.4804/2022 PENDING ON THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALORE RURAL REGISTERED AGAINST PETITIONER, WHO IS THE ACCUSED NO.2 AS PER THE FIR AND THE ACCUSED NO.3 AS PER THE CHARGE SHEET, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 465, 468, 471, AND 474 OF INDIAN PENAL CODE 1860, IN PURSUANCE OF THE CHARGE SHEET (ANNEXURE-C) FILED BY THE RESPONDENT POLICE, ETC.

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THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner is seeking to quash the entire proceedings

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in C.C.No.4804/2022 pending on the file of the Court of Principal Civil Judge and JMFC, Devanahalli, Bangalore Rural.

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3 - NC: 2025:KHC:40842 CRL.P No. 8188 of 2025

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HC-KAR

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The matter arises out of a case registered in

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Crime No.127/2021 of BIAL Police Station, Bengaluru City, against accused Nos.1 to 3. Charge sheet is filed for the offence punishable under Section 465, 468, 471, 474 and 420 of IPC.

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It is the case of prosecution that, on 17.12.2021, at about 04:59 a.m., the passenger one Soju Thazhathuveettil Shaji, holder of Indian Passport No. P2237015, had reported at Departure Immigration Counter No.18 at Kempegowda International Airport, Bengaluru, to board British Airways Flight No. BA-118 bound for London. During the scrutiny of documents by the Immigration Officer, suspicion arose with regard to the genuineness of the academic records produced by the passenger. He was accordingly referred to the Wing Incharge, for detailed verification. Upon enquiry, it was revealed that the said passenger had obtained forged academic certificates purportedly issued by Gulbarga University and N.P. Degree College through an agent

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4 - NC: 2025:KHC:40842 CRL.P No. 8188 of 2025

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HC-KAR

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named Denny i.e Petitioner herein of “True Way Global Education”, Kerala. It is alleged that the said agent collected a sum of 65,000/- from the passenger and arranged for fake BBA mark sheets and degree certificates, which were used to secure a UK Student Visa. Further, the agent is stated to have collected an additional sum of 9,00,000/- towards processing of visa, travel insurance and other documentation.

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It is alleged by the prosecution that the accused have colluded with each other and forged the BBA Marks Card and Certificates in order to facilitate accused No.2 to obtain a student Visa to travel to U.K.

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Charge sheet has been filed in this case. At this stage, it cannot be said that there is no prima facie case against the petitioner so as to quash the proceedings.

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It is contended by the learned counsel for petitioner that the charge sheet is based solely on the presumption without any factual or legal foundation and

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5 - NC: 2025:KHC:40842 CRL.P No. 8188 of 2025

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HC-KAR

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petitioner is arraigned as an accused with the general allegations and he has not been attributed with any specific role in the alleged acts of forgery, cheating or use of forged documents.

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This Court cannot conduct a mini trial in this

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petition seeking quashing of the proceedings. Petitioner has ample opportunity to seek discharge from the case by filing an appropriate application before the trial Court, if there are no materials against him. Hence, reserving liberty to the petitioner to file an application seeking discharge, petition is disposed of .

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The Trial Court shall consider the application

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seeking discharge, if any filed, in accordance with law.

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Pending I.A.No.1/2025 is disposed of .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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BMV*/List No.: 1 Sl No.: 19/CT: BHK

Denny M J v. State of Karnataka

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Denny M J v. State of Karnataka

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