Dileep Kumar S/O Mallikarjunaiah Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

Dileep Kumar S/O Mallikarjunaiah Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as not pressed; liberty granted to the petitioners to file a discharge application before the Trial Court, with a direction that any such application shall be considered on merits by the Trial Judge; all contentions left open.

Issue for consideration

Whether the FIR dated 14.11.2014 (Annexure-A), the complaint dated 16.11.2013 (Annexure-B), the chargesheet (Annexure-G) and all further proceedings in C.C. No.31/2017 (Bagalkot Navanagar P.S. Crime No.105/2014) for alleged offences under Sections 420, 465, 466, 468 and 471 IPC should be quashed qua petitioners Nos.1 to 4.

Court's answer

The writ petition is dismissed as not pressed, with liberty to the petitioners to file a necessary application seeking discharge before the Trial Court.

Ratio / Principle

If the petitioners file any such discharge application, the same shall be considered on merits by the Trial Judge.

Key takeaways

All contentions of the parties are left open; no question on the merits of the quashing prayer was decided by this Court.obiter¶33

Detailed headnote1 paragraphs

Writ Petition No. 100572 of 2025 (GM-RES), High Court of Karnataka, Dharwad Bench (Hon'ble Mr. Justice S. Vishwajith Shetty), decided 09.09.2025. Four petitioners (occupations recorded as agriculture and household work) filed a writ petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, 1973 praying for certiorari quashing of the FIR dated 14.11.2014 (Annexure-A), the complaint dated 16.11.2013 (Annexure-B) and the chargesheet (Annexure-G) and all further proceedings in C.C. No.31/2017 (Bagalkot Navanagar P.S. Crime No.105/2014) for alleged offences under Sections 420, 465, 466, 468 and 471 IPC, pending on the file of the Learned Principal Senior Civil Judge and CJM, Bagalkot, insofar as they relate to petitioners Nos.1 to 4. Petitioners were represented by Sri S.S. Yadrami, Senior Counsel for Sri Girish V. Bhat, Advocate; respondents (State of Karnataka, revenue and home departments, Deputy Commissioner Bagalkot, Tahsildar Badami, and Bagalkot Navanagar Police Station) were represented by Smt. Girija S. Hiremath, HCGP. At the preliminary hearing, learned counsel for the petitioners submitted that the petition be dismissed as not pressed with liberty to move the Trial Court for discharge; the submission was placed on record and accepted. The petition was dismissed as not pressed with liberty to file a discharge application before the Trial Court; any such application was directed to be considered on merits by the Trial Judge; all contentions were left open. The Court decided no question on the merits of the quashing prayer and cited no precedents.

1 - NC: 2025:KHC-D:11645 WP No. 100572 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 100572 OF 2025 (GM-RES)

BETWEEN:

DILEEP KUMAR S/O MALLIKARJUNAIAH, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. DODDAJANNAHALLI, TQ. NELAMANGALA, DIST. BENGALURU RURAL-562 123.

NATARAJ S/O MUNIYAPPA, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. TAVATAHALLI, TQ. HOSAKOTE, DIST. BENGALURU RURAL-562 114.

MS. LATHASHREE D/O SUBBARAYASHETTY, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. JANGAMAKOTE, TQ. SIDLGHATTA, DIST. CHIKKABALLAPUR-562 102.

Digitally signed by RAKESH S RAKESH HARIHAR SHARIHAR Location:HIGHCOURT OF KARNATAKA DHARWAD BENCH

SUNEEL KUMAR S/O VEERAPPA, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. KYALANURU, TQ. VEMAGAL, DIST. KOLAR-563 157.

& PETITIONERS

(BY SRI. S.S. YADRAMI, SENIOR COUNSEL FOR SRI. GIRISH V. BHAT, ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU-560 001.

2 -

NC: 2025:KHC-D:11645 WP No. 100572 of 2025

HC-KAR

PRINCIPAL SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU-560 001.

THE DEPUTY COMMISSIONER, BAGALKOT REVENUE DISTRICT, D.C. OFFICE, NAVANAGAR, BAGALKOT-587 103.

THE TAHSILDAR, BADAMI REVENUE TALUK TEHSILDAR OFFICE, BADAMI-587 201.

BAGALKOT NAVANAGAR POLICE STATION, BY POLICE SUB INSPECTOR, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011.

& RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE 1973, PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED F.I.R. DATED 14.11.2014 AT ANNEXURE-A, THE COMPLAINT DATED 16.11.2013 AT ANNEXURE-B AND THE CHARGESHEET AT ANNEXURE-G AND ALL FURTHER PROCEEDINGS PURSUANT TO IT IN C.C. NO.31/2017 (BAGALKOT NAVANAGAR P.S. CRIME NO.105/2014) FOR THE ALLEGED OFFENCES UNDER SECTIONS 420, 465, 466, 468 AND 471 OF I.P.C. PENDING ON THE FILE OF LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BAGALKOT IN SO FAR THEY RELATE TO THE PETITIONERS NOS.1 TO 4.

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

3 - NC: 2025:KHC-D:11645 WP No. 100572 of 2025

HC-KAR

ORAL ORDER

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

Learned counsel for the petitioners submits that this petition may be dismissed as not pressed with liberty to the petitioners to file necessary application before the Trial Court seeking discharge.

Submission is placed on record.

Petition is dismissed as not pressed with liberty to the petitioners to file necessary application seeking discharge before the Trial Court. In the event petitioners file any such application, the same shall be considered on merits by the Trial Judge.

All contentions are left open.

Sd/(S.VISHWAJITH SHETTY) JUDGE

RSH / CT:BCK LIST NO.: 1 SL NO.: 57