Sri Ramesh Kumar Kothari v. the State of Karnataka
Case brief
What is this about?
Karnataka High Court (Bengaluru), NC: 2025:KHC:48221, CRL.P No. 8734 of 2023, decided 19-11-2025 by Justice M.I.ARUN. Quashing petition under S.482 Cr.P.C. against trial proceedings (C.C.No.1225/2023, IV Addl. Civil Judge & JMFC, Hassan) for Ss.468, 464, 467, 471, 420 r/w S.34 IPC. Key point: expert/FSL opinion under S.45, Indian Evidence Act 1872, is relevant but NOT binding on the Court; quashing of criminal proceedings solely on an FSL report is impermissible; guilt must be proved at trial. Petition dismissed. Useful for propositions on weight of handwriting/signature expert opinion at the stage of quashing under S.482 Cr.P.C. / S.528 BNSS.
What did the court decide?
The opinion of experts rendered under Section 45 of the Indian Evidence Act, 1872 is not binding on the Court; the Court is always at liberty to differ from the same by giving proper reasons.