Karnataka High Court
Irfan Ulla Khan vs The State Of Karnataka on 22 July, 2025
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NC: 2025:KHC:28436
CRL.P No. 13703 of 2023
C/W CRL.P No. 2086 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 13703 OF 2023
(482(Cr.PC) / 528(BNSS))
C/W
CRIMINAL PETITION NO. 2086 OF 2023
IN CRL.P No. 13703/2023
BETWEEN:
IRFAN ULLA KHAN
S/O SYED JAN
AGED ABOUT 36 YEARS,
R/AT 122, 12TH CROSS,
MODI ROAD, DEVARAJEEVANAHALLI,
BENGALURU-560045
...PETITIONER
(BY SRI. GAJENDRA C, ADVOCATE)
Digitally AND:
signed by
REKHA R
Location: 1. THE STATE OF KARNATAKA
High Court BY VARTHUR POLICE
of Karnataka
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU-560001
2. M MANJUNATH
S/O LATE MUNIRAJU,
AGED ABOUT 37 YEARS,
R/AT 24, MULLURU VILLAGE
CARMELARAM POST,
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VARTHUR HOBLI, SARJAPURA MAIN ROAD,
BENGALURU-560035
...RESPONDENTS
(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1;
SRI.KALYAN.R, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.157/2023 FOR THE OFFENCE
P/U/S.120-B,406,419,420,468,471 R/W SEC.34 OF IPC
PENDING ON THE FILE OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU IN
CR.NO.266/2021 BY VARTHUR POLICE, FILED AGAINST THE
PETITIONER VIDE ANNEXURE-A BY ALLOWING THIS PETITION.
IN CRL.P NO. 2086/2023
BETWEEN:
IRFAN ULLA KHAN
S/O SAID JANN
AGED ABOUT 35 YEARS
R/AT NO 122, 12TH CROSS, MODI ROAD
DJ HALLI, BANGALORE NORTH
BANGALORE-560045
...PETITIONER
(BY SRI. RAVIKUMARA B R, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
K R POLICE STATION
REPRESENTED BY SPP,
HIGH COURT BUILDING-560001
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2. TAHASILDAR
TALUK OFFICE
BANGALORE EAST TALUK
K R PURAM, BANGALORE-560036
...RESPONDENTS
(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 & R2;
SRI.R.KALYAN, ADVOCATE FOR R3)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE
CRIMINAL PROCEEDINGS IN CR.NO.416/2022 FOR THE
OFFENCES P/U/S.420,465,468,471,409 OF IPC PENDING
BEFORE HONBLE 4TH ACMM AT BENGALURU VIDE
ANNEXURE-A AND COMPLAINT VIDE ANNEXURE-B ON THE
BASIS OF THE COMPLAINT GIVEN BY THE COMPLAINANT
IN K.R.PURAM P.S ON 03.10.2022 U/S 409, 420, 465, 468,
471 OF IPC RESPONDENT NO.2 TAHASIDHAR, BENGALURU
EAST TALUK, K.R.PURAM, BENGALURU.
THESE PETITIONS, COMING ON FOR DICTATING
ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
In these petitions filed under Section 482 of Cr.P.C, petitioner is common. He has sought for quashing the criminal proceedings initiated against him. -4-
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2. For the sake of convenience, parties are referred to by their ranks in the FIR in Cr.No.266/2021 of Varthur P.S.
3. In Crl.P.No.13703/2023, petitioner has sought for quashing of criminal proceedings in C.C.No.157/2023 on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 120-B, 406, 419, 420, 468, 471 r/w Section 34 IPC arising out of Cr.No.266/2021 by Varthur PS.
4. In Crl.P.No.2086/2023, he has sought for quashing of criminal proceedings in Cr.No.416/2022 of K.R.Puram PS for the offences punishable under Sections 409, 420, 465, 468, 471 IPC.
5. In support of Crl.P.No.13703/2023, petitioner has contended that the allegations made are false and baseless. The concerned police have not investigated the case on the allegations of forgery and creation of -5- NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR documents. Without collecting original records and only on the basis of statement of other accused charge sheet is filed. Accused Nos.1 and 2 are the beneficiaries of the alleged documents created in the Government office, where petitioner is working. The seal of the documents does not match with the original seal. Petitioner has not dealt with the alleged concocted documents. While taking cognizance the learned Magistrate has not assigned any reasons. The petitioner is not benefited by the alleged concoction of the documents. Multiple FIRs have been filed in respect of the same allegations. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition.
6. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that one M.Manjunath filed a complaint dated 26.10.2021, alleging that he and others have purchased land in Sy.No.35/1 of Mulluru Village, Varthur Hobli, Bengaluru -6- NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR East Taluk measuring 2 acres 21 guntas and got converted for non-agricultural purpose. However, accused Nos.1 to 4 colluding with accused Nos.5 and 6 have concocted re- grant order No.HOACR.392/1968-69 dated 20.02.1969 and LRF.1993/1974-75 and used them as genuine. 6.1 It is further alleged even though accused No.3 Mohammed Jafar and accused No.4 Dilshad Begum have no right over the said property, they have executed a GPA and sale agreement at the behest of accused No.1 M.P Shekar. On 28.06.1937, one Shanbogh Nagesh Rao has sold Casuarinas trees grown in the said land for a period of 9 years. However, no document such as sale, gift or mortgage was executed. However, accused have produced the said document as sale deed. Accused Nos.3 and 4 in collusion with accused No.1 M.P Shekar have executed sale agreement in favour of accused No.2 Anjikumar for Rs.50 lakhs and received advance of Rs.20 lakhs, even though the said property is worth Rs.5 Crores. This was -7- NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR made possible by accused No.5 Irfan Ulla Khan by receiving lakhs of rupees and by forging the signature of Tahsildar and Assistant Commissioner by tampering with the Government records.
6.2 In this regard on 01.10.2021, complainant filed an application under RTI, to furnish copy of HOACR.392/1968-69 dated 20.02.1960. He was given an endorsement that the said file pertains to lands of Doddakanalli Village and Devarabeesanahalli Village of Varthur Hobli. Similarly, on 05.10.2021, complainant applied for copies under RTI for Form No.7 and record in LRF.1993/1974-75. However, he was given an endorsement that record in LRF.1993/1974-75 is not available and in respect of Sy.No.35/1 no Form in 7 and 7A were filed. These endorsement indicate that the accused persons have concocted the records. Based on the said concocted documents, the accused persons are troubling the complainant who is the original owner of the land in question and hence, the complaint. -8-
NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR 6.3 Based on the complaint case was registered in Cr.No.266/2021 and after conducting detailed investigation, charge sheet is filed against all the accused persons including the petitioner. There is prima facie material to proceed against him and pray to dismiss the petition.
7. In Crl.P.No.2086/2023, the petitioner has contended that the alleged incident has taken place during 2021, but complaint is filed on 30.10.2022. Hence, there is inordinate delay in filing the complaint. Already a complaint is filed on the same allegations and charge sheet is filed against the petitioner and others. Based on the same allegations, the second complaint is not maintainable. It is barred under Section 300(1) Cr.P.C. In T.P. Gopalakrishnan Vs. State of Kerala (T.P.Gopalakrishnan)1, it is held that Section 300 Cr.P.C place a bar for trying the same person twice. During 1 2022 Livelaw SC 1039 -9- NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR investigation, Tahsildar has given an endorsement to the Varthur Police, that the document pertaining to the said land is not available. Therefore, he is duty bound to take action against the erring officials and hence, the petition.
8. In support of his arguments learned counsel for petitioner has relied upon the decision in Tarak Dash Mukharjee & Ors. Vs. State of Uttar Pradesh & Ors.(Tarak Dash Mukharjee)2
9. On the other hand learned High Court Government Pleader and learned counsel for respondent No.2 in Crl.P.No.13703/2023 would submit that on 30.09.2022, the Tahsildar, K.R.Puram, Bengaluru East Taluk has filed a complaint stating that one M.P. Shekar Ex-Panchayath Member has filed a complaint alleging that when he filed an application under RTI for supply of record in HOACR.392/1968-69 and LRF.1993/1974-75 through Registered Post, documents were furnished to him, but 2 2022 Livelaw (SC) 731
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR now, an endorsement is given stating that the said records are not available.
9.1 In this regard he issued a notice to the concerned case worker Irfan Ulla Khan. He has given explanation on 29.11.2021 stating that the record in HOACR.309, 392/1968-69 pertains to Sy.No.129, 125 of Doddakanalli, Sy.No.34 of Chikkanalli and Sy.No.36 and 56 of Devarabeesanahalli. The said file does not pertain to Sy.No.35/1 of Mulluru Village. No file pertaining to Sy.No.35/1 is available in the branch and that the said information was not furnished by their office. However, Sri.M.P Shekar has furnished information to the Deputy Inspector General of Police, Civil Enforcement Directorate that such documents were furnished to him along with the said documents. In turn the Deputy Inspector General of Police, Civil Enforcement Directorate has requested the Tahsildar to certify whether such documents were furnished.
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR 9.2 It is further stated in the complaint that when again petitioner was questioned about these documents, he gave statement dated 01.12.2021 stating that the file in HOACR.392/1968-69 pertaining to Sy.No.35/1 of Mulluru Village is a bogus file. It was concocted by accused No.1 M.P Shekar and one Pratap and given to him. After six months, they also gave him a file No.LRF. He has not endorsed the fake registers as original, but has furnished copy of it by making endorsement. He has also sent several messages through watsapp to M.P. Shekar. He has colluded with accused No.1 M.P Shekar and Pratap. Based on the said information, the Tahsildar has filed the complaint. It is registered in Cr.No.416/2022 for the offences punishable under Sections 409, 420, 465, 468 and 471 IPC and investigation is taken up. There is prima facie material to proceed against the petitioner and pray to dismiss the petition.
10. Heard arguments and perused the record.
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11. From the material placed on record it is evident that Sy.No.35/1 measuring 2 acres 21 guntas originally belong to Shanbogh Nagesh Rao. He executed a sale deed for sale of Casuarinas trees grown in the said land for a period of 9 years in the name of Nissar Ahmed, the grandfather of accused No.3 Mohammed Jafar. Since Nisar Ahmed was minor, in the sale deed he was represented by his father Abdul Kareem Sab, who was working as Head Master of Urdu Boys School. The said sale deed authorized purchaser to harvest and sell the Casuarinas Tress grown in the said land for a period of 9 years. It appears even after 9 years, he continued to harvest and sell the trees grown in the said land for some more time. Later Abdul Kareem Sab and Nissar Ahmed left Mulluru and settled at Ganganagar, Bengaluru.
12. After coming in to force of Land Reforms Act, though the friends of Nissar Ahmed used to advise Nissar Ahmed and his son Mohammad Hussain to apply for re- grant, they refused. Accused No.3 Mohammad Jafar is no
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR other than the grandson of Nissar Ahmed. He had seen the sale deed executed by Shanbogh Nagesh Rao in favour of Nissar Ahmed. After the death of his father when accused No.3 found it difficult to bear the expenses of treatment of his mother, he took the copy of the sale deed to Taluk office, K.R.Puram and met a person. He advised accused No.3 that on the basis of the said sale deed, pertaining to standing trees he cannot deal with the property and that he would provide supporting documents and demanded Rs.1 lakh, but settled for Rs.70,000/-. Accused No.3 paid Rs.10,000/-. After 2 days, the said person handed over an envelope containing documents stated to be a fake re- grant order in HOACR.392/1968-69 and LRF.1993/1974-
75. Based on the said documents, accused No.3 Mohammad Jafar and his mother i.e., accused No.4 Dishad Begum executed sale agreement and GPA in favour of Anjikumar on 15.10.2020.
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13. On the other hand, it is the specific case of complainant M.Manjunath that he and his partners have purchased the land in question i.e., Sy.No.35/1 (old) 35/1, 35/5, 35/6, 35/7, 35/8, 35/9, 35/10, 35/11, 35/12, 35/13 and 35/14, totally measuring 2 acres 21 guntas from its rightful owners. However, when the said Anjikumar staked a claim over the property in question, complainant M.Manjunath came to know that colluding with the officials of the Tahsildar office, the said documents have been concocted. Therefore, on 01.10.2021, he applied to the Tahsildar office for grant of certified copies of the said documents through RTI. He was informed that the said order pertains to property of Doddakannali and Devarabeesanahalli Villages and not to Mulluru Village. Again on 05.10.2021, he applied for the same documents and he was informed that no application has been filed for re-grant of land in Sy.No.35/1 of Mulluru Village and no document in LRF.1993/1974-75 pertaining to land in Sy.No.35/1 of Mulluru Village is available.
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14. Therefore, he was convinced that the documents based on which Anjikumar has purchased the land are fake. With these allegations, complainant M.Manjunath filed complaint with Varthur Police against accused Nos.1 to 6, including M.P.Shekar and Anjikumar as accused Nos.1 and 2. After conducting detailed investigation, the concerned police have filed charge sheet only against accused Nos.3 to 6 of the FIR showing them as accused Nos.1 to 4 in the charge sheet. Anjikumar and M.P.Shekar are cited as CWs-2 and 3 in the said charge sheet.
15. Parallely, the fact of fake documents being supplied was brought to the notice of Tahsildar, Bengaluru East Taluk, by M.P. Shekar, Ex. Panchayath Member stating that the said documents were furnished under RTI, but when application for certified copies was made, endorsement is given that no such documents are available. He made enquiry with accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet), who was
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR working as Second Division Assistant and who was incharge of the said branch and came to know that the file number referred pertains to Doddakannalli and Devarabeesanahalli Villages and in fact no Form No.7 and 7A was filed in respect of Sy.No.35/1 of Mulluru Village.
16. In response to the notice, accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet) gave explanation dated 29.11.2021 stating that file No.HOA/CR.309/1968-69 pertains to Sy.No.129, 125 of Doddakannalli, Sy.No.34 of Chikkannalli Village and Sy.No.36 and 56 of Devarabeesanahalli and it does not pertain to Sy.No.35/1 of Mulluru Village and no file pertaining to Sy.No.35/1 of Mulluru in No.HOA.392/1968- 69 is available in the office. When the Addl.Director General of Police, Civil Right Enforcement Directorate, enquired the Tahsildar, whether documents have been furnished under RTI to M.P.Shekar, once again he enquired accused No.5 Irfan Ulla Khan (accused No.3 in
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR the charge sheet) and this time he gave reply dated 01.12.2021 stating that the file No.HOACR.392/1968-69 relating to Sy.No.35/1 of Mulluru Village is a fake document and it was given to him by one Pratap and M.P.Shekar and he has not affixed original seal and signature on the fake documents, but affixed his signature and he has sent several watsapp messages to M.P.Shekar and he is colluding with Pratap and M.P.Shekar. With these allegations, Tahsildar filed complaint with K.R.Puram Police against Irfan Ulla Khan (accused No.3 in the charge sheet) and it is registered as Cr.No.416/2022.
17. It appears the investigating officer in Cr.No.266/2021 of Varthur P.S was not aware of another complaint being filed with K.R.Puram Police and therefore he has not conducted any investigation with regard to the aspect of the Tahsildar, making enquiry with accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet) and getting his explanation. Consequently, he has not cited the Tahsildar, Bengaluru East Taluk as witness and has also
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR not collected the documents pertaining to the same. Therefore, it is necessary for the investigating officer in Cr.No.266/2021 of Varthur P.S to make further investigation and examine the Tahsildar and other witness, if any as well as collect relevant documents from his office and cite them as witnesses in the additional charge sheet. In that event, the petitioner would be entitled to seek for quashing of criminal proceedings in Cr.No.416/2022. Till the same is done, the criminal proceedings initiated against him in Cr.No.416/2022 cannot be quashed.
18. Of course, there is strong prima facie case made out against accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet in Cr.No.266/2021). He is the mastermind behind all the mischief which enabled accused No.3 Mohammad Jafar and accused No.4 Dilshad Begum (who are accused Nos.1 and 2 in the charge sheet) to execute the sale agreement and GPA in favour of complainant M.Manjunath in respect of land in Sy.No.35/1
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NC: 2025:KHC:28436 CRL.P No. 13703 of 2023 C/W CRL.P No. 2086 of 2023 HC-KAR of Mulluru Village. Therefore, it is not a case of quashing of the criminal proceedings in the Cr.No.266/2021.
19. However, if the investigating officer in Cr.No.266/2021 conduct further investigation and collect necessary documents from the office of Tahsildar, Bengaluru East Taluk and also examine the relevant witnesses and file further charge sheet, accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet), may move this Court for seeking discharge in Cr.No.416/2022 of K.R.Puram P.S and accordingly, the following:
ORDER
(i) Crl.P.No.13703/2023 filed by accused No.5 Irfan Ulla Khan (accused No.3 in the charge sheet) in C.C.No.157/2023 on the file of CJM, Bengaluru Rural District, Bengaluru (arising out of Cr.No.266/2021 of Varthur P.S) under Section 482 Cr.P.C is hereby rejected.
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(ii) The investigating officer in Cr.No.266/2021 of Varthur P.S, is directed to conduct further investigation with regard to the complaint filed by Tahsildar, Bengaluru East Taluk and collect necessary documents from the said Officer and also examine the relevant witnesses and file further charge sheet.
(iii) The learned Magistrate in C.C.No.157/2023 shall bring this order to the notice of the investigating officer to conduct further investigation as per the observations made in the order and file additional charge sheet.
(iv) Crl.P.No.2086/2023 filed by accused Irfan Ulla Khan in Cr.No.416/2022 of K.R.Puram P.S) under Section 482 Cr.P.C is hereby rejected.
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(v) After the investigating officer in
Cr.No.266/2021 conduct further
investigation and collect necessary
documents from the office of Tahsildar, Bengaluru East Taluk and also examine the relevant witnesses and file further charge sheet with regard to the allegations made by the Tahsildar in Cr.No.416/2022 of K.R.Puram PS, accused Irfan Ulla Khan may move this Court for seeking quashing of criminal proceedings in Cr.No.416/2022 of K.R.Puram P.S.
(v) The Registry is directed to send a copy of this order to the trial Court through e-mail.
Sd/-
(J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 49