IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 22ND DAY OF MARCH, 2022

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 100132 OF 2021

BETWEEN:

SMT. LAKSHMI MURTHY, W/O S V MURTHY AGE. 63 YEARS, OCC. EX-PRINCIPAL, JANA VIJNANA VIDYAPEETHA, 11TH MAIN, 6TH CROSS, R K LAYOUT, PADMANABHANAGAR, BANGALORE 560070, R/O. BLOCK NO.2C 1101, MANTRI CELERITY APARTMENTS, DODDAKALLA SANDRA, BANGALORE.

…PETITIONER

(BY SRI. S K KAYAKMATH & SRI. D.M. MANJUNATH, ADVOCATES)

AND:

V N BADIGER Digitally signed

• 1. THE STATE OF KARNATAKA BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, KOPPAL TOWN POLICE STATION.
• 2. SRI. RAJASAB EMMI, AGE: 55 YEARS, OCC: POLICE OFFICER, CHC 90, TOWN POLICE STATION, KOPPAL, DIST: KOPPAL

…RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP FOR R1) (R2 - SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.81/2020 IN KOPPAL TOWN P.S. CRIME NO. 10/2020 FILED UNDER SEC. 177, 179, 465 & 468 R/W SEC. 34 OF IPC WHICH IS PENDING ON THE FILE OF SENIOR CIIVL JUDGE AND CJM, KOPPAL, AGAINST THE PETITIONER.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

During the course of investigation in Crime No.10/2020, the police issued a notice under Section 91 of the Code of Criminal Procedure, 1973, calling upon the petitioner herein to furnish information with regard to permanent and temporary address of Kumari Anega, D/o Madhusudhana Virupapuram @ Viraapura, and Darshith, S/o Santoshkumar, alleged to be studying in the school in which the petitioner is working.

2. The petitioner by communication dated 03.12.2019 furnished the information that there are no students by name Kumari Anega, D/o Madhusudhana, and Darshith, S/o Santoshkumar. The police after considering the reply submitted by the petitioner filed charge sheet

against the petitioner for the offences punishable under Section 177, 179, 34, 465 and 468 of the IPC. Taking exception to the same, this petition is filed.

3. The learned counsel for the petitioner submits that in the absence of any material that the petitioner has furnished false information or no information at all, the filing of the charge sheet against the petitioner is not sustainable in law.

4. On the other hand, the learned High Court Government Pleader appearing for the first respondent-State submits that the petitioner having furnished false information or no information has committed the offences alleged against her. Hence, he submits that the charge sheet material clearly discloses commission of the offences alleged against petitioner and the same does not warrant any interference by this Court.

5. I have considered the submissions made by the learned counsel for the parties.

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6. In pursuance of the notice issued by the respondent-police, the petitioner has furnished information that there is no student by name Kumari Anega, D/o Madhushdhana Virupapuram @ Virapura, and Darshit, S/o Santoshkumar; however, she furnished the identity card and parental card of Kumari Angaha V., a student, studying in Jnana Vijnana Vidyapeetha in Padmanabhanagar, Bangalore. Hence, the charge sheet filed against the petitioner alleging that the petitioner has furnished false information or no information is without any substance. The charge sheet material clearly discloses that the petitioner has not furnished false information or no information, which is evident from the identity card and the parental card of Kumari Anagha. Hence, in view of the foregoing, the charge sheet filed against the petitioner is not sustainable in law. Accordingly, I pass the following:

ORDER

The criminal petition is allowed. The impugned proceedings in C.C. No.81/2020 pending on the file of the

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Senior Civil Jude & CJM, Koppal, insofar as it relates to petitioner-accused No.1, is hereby quashed.

Sd/- JUDGE

KMS