CRL.P/8186/2024 of RAFIQ BASHA, Vs STATE BY NELAMANGALA RURAL POLICE on 1 September 2026

ORAL ORDER

The petitioners are before the Court calling in question the proceedings in C.C.No.450/2019 registered for the offence punishable under Section 420 of the Indian Penal Code, 1860 and Section 123 of the Karnataka Education Act, 1983.

2. Heard Sri. Iqbal Ahmed Khan, learned counsel appearing for the petitioners and Sri. K. Nageshwarappa,

HC-KAR

learned High Court Government Pleader appearing for respondent No.1.

3. The learned counsel appearing for the petitioners submit that the issue in the lis stands completely answered by this Court in Crl.P.No.8787/2022 disposed on 28.06.2023, where the allegation projected was of similar nature.

4. This Court in Crl.P.No.8787/2022 disposed on 28.06.2023 has held as follows:

3. The petitioners are accused Nos.1 to 3. The President, Secretary and Principal of Orchid International School. The allegations against the petitioners is that the petitioners had commenced primary school without permission and had so functioned on two particular dates i.e., on 18.07.2022 and 19.07.2022. On the said functioning of the school impugned crime comes to be registered against the petitioners and also a proceeding under the Karnataka Education Act, whereby the application of the petitioners for recognition and starting of the said primary school was turned down.

4. The turning down of the application of the petitioner had become a subject matter of proceedings before this Court in W.P.No.15681/2022. This Court in terms of the order dated 27.09.2022 quashes the said rejection of the application for recognition and passes the following order:

"7. In the result, I pass the following:

ORDER

(i) Petition is hereby allowed.

HC-KAR

(ii) The impugned order at Annexure-A dated 31.07.2022 passed by respondent No.4 is hereby quashed.

(iii) Respondents are directed to register the educational institution/school of the petitioners and issue registration certificate and other documents in this regard and permit the petitioner to operate the same from the academic year 2022-23 onwards, in terms of Section 31 of the Karnataka Education Act, 1983 and the relevant rules in this regard, as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of a copy of this order.

(iv) Liberty is however reserved in favour of the respondents to call upon the petitioner to produce additional documents, if any, in accordance with law.

(iv) It is further directed that till respondents comply with this order, respondents shall not take any precipitative / coercive steps against the petitioners or the subject educational institution/school of the petitioners."

5. The action of respondent before the Co- ordinate Bench is the same that led to registration of crime which is impugned in the subject petition. In the light of the very action of rejection of the application being set at naught by the Co-ordinate Bench and a slew of directions being rendered, the foundation of present crime itself becomes shaky. Therefore, in the light of the order passed by the Co-ordinate Bench, the impugned proceedings are required to be obliterated and are therefore obliterated.

For the aforesaid reasons, I pass the following:

ORDER

i. Criminal petition is allowed.

HC-KAR

ii. The impugned proceedings in Cr.No.169/2022 on the file of XLI Addl. CMM Court, Bengaluru is hereby quashed."

In the light of the issue standing covered by judgment rendered by this Court and the facts being undisputed, the petition stands disposed on the same terms.

5. For the aforesaid reasons, the following:

ORDER

(i) The criminal petition is allowed.

(ii) The proceedings in C.C.No.450/2019 pending on the file of Principal Civil Judge and JMFC, Nelamangala stands quashed.

Sd/- (M.NAGAPRASANNA) JUDGE

JY List No.: 1 Sl No.: 2