IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4769/2016 (BY SRI.DILDAR SHIRALLI, HCGP FOR R1; SRI.VEERABHADRA SWAMY H.P., ADVOCATE FOR R2) ---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1195/2015 ON THE FILE OF CIVIL JUDGE AND JMFC, ARAKALAGUDU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2. Petitioner is shown as accused No.2 in the charge sheet.
Petitioner is sought to be prosecuted on the allegation that he issued a false genealogical tree.
2. I have gone through the said genealogical tree. It does not refer to any enquiry having been conducted by the petitioner before issuing the said genealogical tree. If any enquiry has been conducted as per law and the said genealogical tree is issued pursuant to the said enquiry, the same having been done in discharge of official duty, necessarily the respondents are required to obtain prior sanction for prosecution of the petitioner under section 197(1)(b) of Cr.P.C. Since there are no materials before this court to arrive at any finding on this question, the said contention is left open for consideration by the Trial Court at the time of hearing the parties before framing charge.
Accordingly, the petition is disposed of.
Sd/- JUDGE Bss