Karnataka High Court
Pottipadu Murli Mohan Reddy And Ors vs The State Of Karnataka And Anr on 10 February, 2026
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CRL.P No. 200747 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200747 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. POTTIPADU MURLI MOHAN REDDY
S/O P TIMMAREDDY, AGE 47 YEARS,
OCC BUSINESS/MD OF D.V.R
RECREATION CLUB, R/O KACHAPURAM,
TQ MANTRALAYAM, DIST KURNOOL,
ANDHRA PRADESH
Digitally signed by 2. LAXMAN MUPPALANENI
SHIVALEELA
DATTATRAYA S/O AKKARAO, AGED ABOUT 42 YEARS,
UDAGI
Location: HIGH OCC BUSINESS, R/O NO.6-10,
COURT OF
KARNATAKA NARASAYYA PALEM,
DIST GUNTUR ANDHRA PRADESH-522113.
3. P NAGARJUN REDDY
S/O P VENKATESH, AGED ABOUT 32 YEARS,
OCC BUSINESS R/O 10-03-97,
CITY TALKIES ROAD,
NEAR LAKSHMMA DEVI TEMPLE,
MAKTHAL PET RAICHUR-584101.
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4. KOPUNOR PARUSHURAMUDU K
S/O KOPUNOR BALAIAH
AGED ABOUT 40 YEARS, OCC BUSINESS
MALACHINTAPALLE, MAHBUBNAGAR
ANDRA PRADESH-509102.
5. MALLI @ ALLAPARTI NAGA MALLESHWAR RAO
AGED ABOUT 39 YEARS,
OCC BUSIENSS, R/O NO.3-117,
BHAVADEVARAPALLI,
DISTRICT KRISHAN ANDRA PRADESH-521120.
6. VUYYURU ANJANEYULU
S/O V SAMBHASHIVARAO
AGED ABOUT 42 YEARS, OCC BUSINESS,
R/O NO. 4-30-33/00 ET COLONY,
ITNAGAR, CTC TENALI, DIST GUNTUR,
ANDRA PRADESH-522201.
7. GURANNA NARENDRA
S/O SEETAYYA, AGED ABOUT 44 YEARS,
OCC BUSINESS, R/O NO.44,
DEVERAPALLI, DIST PRAKASAM,
ANDRA PRADESH-523169.
8. MUPPALANENI ANKINEEDU PRASAD
S/O MUPPALANENI CHINNA VEERAIAH
AGED ABOUT 66 YEARS, OCC ADVOCATE,
R/O NO.514, MATHRU SRI NAGAR,
MIYAPUR TIRUMALAGIRI,
CHANDNAGAR, HYDERBAD,
TELANGANAN-500050.
...PETITIONERS
(BY SRI. VENKATESH C. MALLABADI., ADVOCATE)
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HC-KAR
AND:
1. THE STATE OF KARNATAKA
THROUGH THE PSI. RURAL PS., RAICHUR
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
KALABURAGI-585102.
2. KRISHNA MUTHY P
S/O VENKATAMUNI P
AGE 62 YEAR, OCC RETIRED PERSON,
R/O H.NO.5-537, POLICHTTIPALLI,
POST DAMACERUVU, DIST CHITTOOR,
NOW AT MADAVNAGAR, NEAR B CAMP,
KURNOOL, ANDHRA PRADESH-509102
...RESPONDENTS
(BY SRI.VEERANGOUDA MALIPATIL, HCGP FOR R1)
THE CRL.P IS FILED U/S.482 OF CR.P.C. BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS
CRIMINAL PETITION AND THEREBY QUASH THE ORDER OF
TAKING COGNIZANCE AND ISSUE OF SUMMONS DT.
10.04.2024 PURSUANT TO THE FILING OF CHARGESHEET IN
CRIMINAL CASE NO.1447/2024 (ARISING OUT OF RAICHUR
RURAL PS CRIME NO.15/2023) BY THE HONOURABLE III ADDL.
SR. CJ AND JMFC RAICHUR, RAICHUR AND ALL FURTHER
PROCEEDINGS ARISING THEREFROM AND THERETO, FOR THE
OFFENCES PUNISHABLE U/S 420 AND 417, IPC AGAINST THE
PETITIONERS IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This criminal petition is filed under Section 528 of BNSS, 2023, to quash the proceedings against petitioners/accused Nos.1 to 8 in C.C.No.1447/2024, arising out of Crime No.15/2023, registered by Raichur Rural Police, for the offences punishable under Sections 417 and 420 of IPC, pending on the file of III Addl. Senior Civil Judge & JMFC, Raichur.
2. The factual matrix of the case is that, respondent No.2/complainant filed a complaint before respondent No.1-Police alleging that he is a member of DVR Recreation Club from last 4 years. Accordingly, due to depression, he has been playing cards in the said club and has lost his pension amount, salary and also his loan amount obtained from his friends and in all, he has lost about Rs.2,00,00,000/-. Subsequently, on 12.02.2023 at about 01:30 p.m. to 09:30 p.m., he lost about Rs.50,000/- in the club and while playing cards, the staffs -5- NC: 2026:KHC-K:1313 CRL.P No. 200747 of 2024 HC-KAR of the club made signals to others, due to which, he lost the game and money.
3. It is also averred in the complaint that the Management forced him to play cards and asked him to win money by inducing that he would get more money by playing cards. Apart from that, the club also forced him to play Andar-Bahar game, in the said game too, he lost money. As such, due to depression, he also made an attempt to commit suicide. Hence, he lodged a complaint before respondent No.1-Police in Crime No.15/2023 for the aforementioned offences. Later, respondent No.1-Police investigated the case and laid charge sheet against the petitioners by arraying them as accused Nos.1 to 8. The learned Magistrate took cognizance of the offences. Hence, aggrieved by the same, petitioners are before this Court.
4. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent No.1-State.
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5. Apart from urging several contentions, learned counsel for the petitioners primarily contented that, the petitioners being the members of the DVR Recreation Club are no way concerned for the allegation made in the charge sheet. The DVR club is licensed/registered Club and except the game of skill i.e., rummy, no other games are permitted in the said club. Further, there is no such possibility of instigating respondent No.2 or making him to play rummy or Andar-Bahar in the club. He also contented that, as per the directions of this Court in writ petition, the petitioners-club installed CCTV cameras in the club. In such circumstances, the allegations in the complaint are totally baseless and due to frustration of loss of money by his bad vices, he lodged the complaint. Accordingly, he prays to allow the petition.
6. Per contra, learned High Court Government Pleader opposed the prayer and contended that, now the investigation is completed and charge sheet has been laid against the petitioners and there are prima facie materials -7- NC: 2026:KHC-K:1313 CRL.P No. 200747 of 2024 HC-KAR are placed in the charge sheet against the petitioners. As such, at this stage, the proceedings cannot be quashed against the petitioners. Accordingly, he prays to dismiss the petition.
7. I have given my anxious consideration on the submission made by the learned counsel for the respective parties and the documents available on record.
8. As could be gathered from records, it is alleged that respondent No.2 is a member of DVR Recreation Club as per I.D.No.281 and he used to visit the Club frequently to play rummy. However, the other allegations in the complaint that he was forcibly made to play the Andar- Bahar in the club and the staff of the club illegally managed to defeat him in the game and thereby cheated him, due to which, he lost Rs.2,00,00,000/- by playing cards, seems to be vague and baseless without any such supporting documents.
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9. As rightly contented by learned counsel for the petitioners, the club is a registered entity and was only permitted to play rummy i.e., game of skill as per the guidelines. Moreover, as per the directions of this Court, CCTV cameras are installed in the club. In such circumstances, the allegation in the complaint that respondent No.2 was forced to play in the club does not hold good. Even otherwise, the petitioners, being the members of the Club, they have no such enmity or interest to forcibly get respondent No.2 to the Club and to play rummy or Andar-Bahar, since the game Andar-Bahar is prohibited in the Club premises. The allegation of the respondent No.2 that he lost money in Andar-Bahar is also not believable. The Club cannot be made liable for the bad vices of respondent No.2 for losing huge amount.
10. It is now well settled that, continuation of criminal proceedings against any person on the basis of a frivolous or vexatious complaint is something very serious. -9-
NC: 2026:KHC-K:1313 CRL.P No. 200747 of 2024 HC-KAR This would tarnish the image of the person against whom false, frivolous and vexatious allegations are leveled.
11. The Hon'ble Apex Court in the case of Mohammad Wajid v. State of U.P. reported in 2023 SCC OnLine SC 951, held that whenever an accused comes before the Court invoking either the inherent powers under Section 482 of Cr.P.C or extraordinary jurisdiction under Article 226 of constitution to get the FIR or criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstance, Court owes a duty to look into the FIR with care and a little more closely. It will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. On the other hand, the Court owes a duty to look into many other attending circumstance emerging from the record of
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12. The Court while exercising its jurisdiction under Section 482 of Cr.P.C/ 528 BNSS, need not restrict itself only to the stage of a case, but is empowered to take into count, the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation.
13. Hence, I am of the considered view that, even if the entire allegations in the complaint and charge sheet materials are taken on its face value, no offences are made out against the petitioners/accused Nos.1 to 8, for which they have been charge sheeted. Hence, continuation of proceedings against them is abuse of process of Court. Accordingly, I proceed to pass the following;
ORDER
i. The petition is allowed.
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ii. The proceedings against the
petitioners/accused Nos.1 to 8 in
C.C.No.1447/2024, arising out of Crime No.15/2023, registered by Raichur Rural Police, for the offences punishable under Sections 417 and 420 of IPC, pending on the file of III Addl. Senior Civil Judge & JMFC, Raichur, is hereby quashed.
Sd/-
(RAJESH RAI K) JUDGE SDU LIST NO.: 1 SL NO.: 5 CT-BH