Smt. Sneha v Vs the State by Malleshwaram — Cheating and Forgery | Karnataka HC (2025)

Smt. Sneha v Vs the State by Malleshwaram — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitions allowed; impugned charge sheet dated 10.10.2023 and proceedings in C.C.No.29950/2023 qua the petitioners (Accused Nos.3 and 5) quashed; liberty reserved to the respondents to obtain sanction and proceed further against the petitioners in accordance with law.

Issue for consideration

Whether the charge sheet dated 10.10.2023 and further proceedings in C.C.No.29950/2023 against the petitioners (Accused Nos.3 and 5), public servants prosecuted without the mandatory sanction under Section 197 Cr.P.C., are liable to be quashed.

Court's answer

Taking of cognizance against the petitioners - Accused Nos.3 and 5 without the mandatory sanction under Section 197 Cr.P.C. vitiates the entire proceedings.

Ratio / Principle

The impugned proceedings qua the petitioners - Accused Nos.3 and 5 deserve to be quashed.

Key takeaways

The impugned charge sheet dated 10.10.2023 under Sections 420, 120B read with Section 34 IPC and the proceedings in C.C.No.29950/2023 on the file of the XXXII Additional Chief Metropolitan Magistrate, Bangalore qua the petitioners - Accused Nos.3 and 5 are quashed.ratio¶61
Liberty is reserved to the respondents to obtain sanction and proceed further against the petitioners in accordance with law.ratio¶62

Detailed headnote1 paragraphs

Criminal - Quashing - Charge sheet dated 10.10.2023 under Sections 420, 120B read with Section 34 IPC filed by Malleshwaram Police, proceedings pending in C.C.No.29950/2023 before XXXII Additional Chief Metropolitan Magistrate, Bangalore - Petitioners, BWSSB Executive Engineer and Senior Assistant, arraigned as Accused Nos.3 and 5 - Cognizance taken without obtaining the mandatory sanction under Section 197 Cr.P.C. - Failure to obtain sanction vitiates the entire proceedings, as held by the Apex Court in Shadakshari v. State of Karnataka (2024 SCC OnLine SC 48), D. Devaraja v. Owais Sabeer Hussain ((2020) 7 SCC 695) and Indra Devi v. State of Rajasthan ((2021) 8 SCC 768) - Writ petitions under Article 226 read with Section 482 Cr.P.C. allowed - Charge sheet and all further proceedings qua petitioners quashed - Liberty reserved to respondents to obtain sanction and proceed against the petitioners in accordance with law.

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NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27714 OF 2023 (GM-RES)

C/W

WRIT PETITION NO. 28459 OF 2023 (GM-RES)

IN WP No. 27714/2023

BETWEEN:

SMT. SNEHA V W/O MANJUNATH S, AGED ABOUT 37 YEARS, WORKING AS EXECUTIVE ENGINEER, SOUTH WEST 1 DIVISION, KAPILA BHAVAN, 4TH T BLOCK, JAYANAGARA, BANGALORE 560041

…PETITIONER

Digitally signed by VANAMALA N

Location: HIGH COURT OF KARNATAKA

(BY SRI. SATISH K.,ADVOCATE)

AND:

THE STATE BY MALLESHWARAM POLICE STATION REPRESENTED BY ITS SUB INSPECTOR, MALLESHWARAM BANGALORE 560003

…RESPONDENT

(BY SRI. THEJESH, HCGP)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC

2 - NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

PRAYING TO QUASH THE IMPUGNED CHARGE SHEET DTD 10.10.2023 FILED BY THE MALESHWRAM POLICE THE RESPONDENT FOR THE OFFENSES PUNISHABLE UNDER SECTION 420, 120B READ WITH SECTION OF INDIAN PENAL CODE 1860 (ANNX-H) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO PENDING ON THE FILE OF THE HONBLE XXXII ADDL CHIEF METROPOLITAN MAGISTRATE BANGALORE IN C NO.29950/2023 (ANNX-J) IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED NO.3).

IN WP NO. 28459/2023

BETWEEN:

SMT GEETHA M W/O PAPANNA, AGED ABOUT 46 YEARS,

WORKING AS SENIOR ASSISTANT, OFFICE OF THE EXECUTIVE ENGINEER, CENTRAL DIVISION, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, HIGH GROUNDS, MILLERS ROAD, BANGALORE 560001

...PETITIONER

(BY SRI. SATISH K.,ADVOCATE)

AND:

THE STATE BY MALLESHWARAM POLICE STATION REPRESENTED BY ITS SUB-INSPECTOR, MALLESHWARAM, BANGALORE 560003

...RESPONDENT

(BY SRI. THEJESH, HCGP)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC PRAYING TO QUASH THE IMPUGNED CHARGE

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NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

SHEET DTD 10.10.2023 FILED BY THE MALLESHWARAM POLICE THE RESPONDENT FOR THE OFFENSES PUNISHABLE UNDER SECTION 420 120B R/W/S 34 OF INDIAN PENAL CODE 1860 (ANNX-F) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO PENDING ON THE FILE OF THE HONBLE XXXII ADDL CHIEF METROPOLITAN MAGISTRATE BANGLAORE IN CC NO. 29950/2023 (ANNXG) IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED NO. 5).

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

The petitioners have filed these petitions for the following reliefs:

IN W.P.No.27714/2023

"Quash the impugned Charge Sheet dated 10/10/2023 filed by the Malleshwaram Police - the Respondent for the offences punishable under Sections 420, 120B read with Section 34 of Indian Penal Code, 1860 (ANNEXURE H) and all further proceedings pursuant thereto, pending on the file of the Hon'ble XXXII Additional Chief Metropolitan Magistrate, Bangalore in C.C. No.

4 - NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

29950/2023 (ΑΝΝΕXURE J) , in so far as the Petitioner is concerned (Accused No. 3) .

IN W.P.No.28459/2023

"Quash the impugned Charge Sheet dated 10/10/2023 filed by the Malleshwaram Police - the Respondent for the offences punishable under Sections 420, 120B read with Section 34 of Indian Penal Code, 1860 (ANNEXURE - F) and all further proceedings pursuant thereto, pending on the file of the Hon'ble XXXII Additional Chief Metropolitan Magistrate, Bangalore in C.C. No. 29950/2023 (ΑΝΝΕXURE - G) , in so far as the Petitioner is concerned (Accused No. 5) .

Heard learned counsels for the parties and perused the material on record.

A perusal of the material on record will indicate that the petitioners - accused No.3 and 5 were working as Executive Engineer and Senior Assistant, respectively in the Bangalore Water Supply and Sewerage Board [BWSSB] as on 16.12.2022 on which date, a complaint was lodged as against accused No.1 for allegations punishable under Sections 420, 468 and 471 of the Indian Penal Code, 1860. Subsequently, the petitioners have been arraigned as accused No.3 and 5 in the charge sheet and as such, the petitioners are before this Court by way of the present petitions.

5 - NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

The material on record discloses that without obtaining

necessary sanction as mandatorily required under Section 197 of Cr.P.C, the petitioners have been arraigned as accused Nos.3 and 5 in the charge sheet and the trial Court has taken cognizance of the offences as against accused Nos.3 and 5 despite there being no sanction to prosecute as against the petitioners - accused Nos.3 and 5, which is mandatory and on the failure of which, the entire proceedings stand vitiated as held by the Apex Court in the following judgments:

Shadakshari Vs. State of Karnataka and Another - 2024 SCC Online SC 48 .

D. Devaraja Vs. Owais Sabeer Hussain - (2020) 7 SCC 695 .

Indra Devi Vs. State of Rajasthan and Another - (2021) 8 SCC 768 .

Under these circumstances, the impugned

proceedings qua the petitioners - accused No.3 and 5 deserve to be quashed. Hence, the following:

ORDER

a. The petitions are hereby allowed.

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NC: 2025:KHC:4076 WP No. 27714 of 2023 C/W WP No. 28459 of 2023

b. The impugned Charge Sheet dated 10.10.2023 for the offences punishable under Sections 420, 120B read with Section 34 of IPC and the proceedings in C.C.No.29950/2023 on the file of the learned XXXII Additional Chief Metropolitan Magistrate, Bangalore qua the petitioners - accused Nos.3 and 5 are hereby quashed.

c. Liberty is reserved in favour of the respondents to obtain sanction and proceed further against the petitioners in accordance with law.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

RB