DR. MAHESH vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 798 of 2025
CNR: KAHC010032452025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 798 OF 2025 (482(Cr.PC) /
528(BNSS)-)
BETWEEN:
1. DR. MAHESH
S/O SHIVANNA
AGED ABOUT 55 YEARS,
R/AT, TALUK HEALTH OFFICER
SAKALESHPURA TALUK,
SAKALESHPURA,
HASANA DISTRICT 561202.
RESIDING AT NO.19
KALIDASA MAIN ROAD,
JAYALASKHMIPURA
MYSURU
2. SMT.SHALINI
W/O DR MAHESH
AGED ABOUT 47 YEARS,
R/AT, TALUK HEALTH OFFICER
SAKALESHPURA TALUK,
SAKALESHPURA,
HASANA DISTRICT - 561202.
RESIDING AT NO.19
KALIDASA MAIN ROAD
JAYALAKSHMIPURA
MYSURU
…PETITIONERS
(BY SRI. VIJAYA KUMAR T M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY JAYALAKSHMIPURAM P.S.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified
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BY SPL.PP
HIGH COURT OF KARNATAKA
BENGALURU-01
2. SMT SUBHADRAMMA
W/O SHIVANNA
AGED ABOUT 82 YEARS,
R/AT NO. 19 KALIDASA MAIN ROAD
JAYALAKSHMIPURAM, MYSURU TALUK,
MYSURU DISTRICT - 570012
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR STATE)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN
CC.NO.2052/2024, REGISTERED ON THE BASIS OF
CRIME.NO.27/2023 OF RESPONDENT MYSORE POLICE, WHICH IS
REGISTERED FOR OFFENCES P/U/S 448, 342, 504 R/W 34 OF IPC,
WHICH IS PENDING ON THE FILE OF HONBLE IV ADDL. CIVIL JUDGE
(Jr. Dn) AND JMFC, AT MYSORE AND ETC.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the
following reliefs;
“Quash the proceedings in CC.No.2052/2024,
registered on the basis of Crime.No.27/2023 of
respondent Mysore Police, which is registered for
offences p/u/s 448, 342, 504 r/w 34 of IPC, which
is pending on the file of Hon’ble IV Addl. Civil Judge
(JR. DN) and JMFC, at Mysore .”
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified
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2. Respondent No. 2 lodged a complaint on 17.04.2023,
pursuant to which Crime No. 27/2023 was registered
by Jayalakshmipuram Police Station for offences
punishable under Sections 448, 342, 504 and 34 of
the Indian Penal Code, 1860 (IPC). Upon completion
of the investigation, a charge sheet was filed on
17.11.2023 for the aforesaid offences. The
petitioners have called the same into question in the
present proceedings.
3. The allegation in the complaint lodged by respondent
No. 2, the mother of petitioner No. 1, is that the
petitioners, namely, her son and daughter-in-law,
attempted to trespass into the house owned by her,
tried to forcibly evict her from the house, locked the
rooms, confined her in a dark room and obstructed
her movement.
4. Learned counsel for the petitioners submits that
petitioner No. 1 is working as a Taluk Health Officer
at Sakleshpur, whereas respondent No. 2 is residing
at Mysuru. It is further submitted that petitioner No.
1 is bearing all the expenses of his mother and that
the petitioners have never visited or trespassed into
the house at Mysuru. According to the learned
Digitally Signed By:
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counsel, respondent No. 2 resides in the said house
by herself, although her daughters occasionally stay
with her when they visit Mysuru. Respondent No. 2
also travels to the United States of America to stay
with her daughter.
5. This Court is unable to accept the submissions
advanced on behalf of the petitioners. In this regard,
it is relevant to refer to another matter arising under
the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007, which was considered by this
Court in Dr. M. S. Mahesh v. Deputy
Commissioner and Others, W.P. No. 5248/2025,
disposed of on 06.08.2026. In that case, the
mother of Petitioner No.1 had filed an application
under Section 23 of the Senior Citizens Act, pursuant
to which the Assistant Commissioner had passed
orders in her favour. Those orders were challenged
before this Court in the aforesaid writ petition by
Petitioner No.1.
6. In W.P. No. 5248/2025, the categorical stand taken
by the petitioner therein was that he was residing in
the house at Mysuru. In support of that contention,
several documents were produced, including identity
Digitally Signed By:
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cards of the son and daughter, as well as bank
passbooks and bank statements pertaining to
petitioner Nos. 1 and 2. However, this Court declined
to accept those documents, having regard to the
age of those documents.
7. In the present proceedings, on the other hand, the
petitioners contend that they are residing at
Sakleshpur and not at Mysuru. The stands taken by
the petitioners in the two proceedings, particularly
with regard to their place of residence, therefore, are
contradictory. Such inconsistency, if established to
be deliberate and material, may warrant appropriate
action in accordance with law. In view of the
aforesaid circumstances, the petition is dismissed .
8. A copy of this order shall be placed on the record of
W.P. No. 5248/2025, and a copy of the order passed
in the said writ petition shall be placed on the record
of the present proceedings.
9. The Registrar General is directed to take appropriate
steps, in accordance with law, for initiating
proceedings before the competent court in respect of
the alleged perjury by petitioner Nos. 1 and 2.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
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10. Pending application, if any, stands dismissed.
General Directions
11. It is by sheer coincidence that this Court happened to
deal with both W.P. No. 5248/2025 and the present
proceedings, as a result of which the diametrically
opposite stands taken by the petitioners in the two
matters came to light. Had the matters been dealt
with by different Benches, the contradictory stands
might have gone unnoticed, potentially resulting in
orders being passed on the basis of materially
inconsistent factual assertions. Since neither the
Counsel for Petitioners nor the Learned HCGP were
aware of the orders passed in W.P. No. 5248/2025.
12. It is not uncommon for litigants to institute
proceedings concerning the same subject matter
before different courts, tribunals, quasi-judicial
authorities, police authorities or other statutory and
administrative authorities, sometimes through
different advocates and under different subject
classifications. Such proceedings may arise under
different enactments and seek different reliefs,
Digitally Signed By:
SURAJ GOVINDA RAJ
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although they may relate to the same property,
transaction, order or underlying set of facts. In the
absence of an effective mechanism to identify such
proceedings and bring them to the notice of the
forum concerned, there is a risk of material facts
being withheld, inconsistent stands being taken and
conflicting orders being passed.
13. The problem is not confined to multiple proceedings
before courts of the same jurisdiction. A civil suit
concerning title to or possession of a property may
be pending while proceedings concerning the same
property are initiated before a revenue authority. An
order passed by a quasi-judicial authority may be
challenged before this Court while a civil proceeding
concerning the underlying rights or transaction
remains pending before a competent civil court.
Similarly, proceedings before police authorities or
criminal courts may arise from the same transaction
or factual circumstances as proceedings before civil
courts or statutory authorities.
14. Although such proceedings are not necessarily
duplicative or impermissible, their existence and
status may constitute material information relevant
Digitally Signed By:
SURAJ GOVINDA RAJ
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to the adjudication of the matter before the
concerned forum.
15. This Court is, therefore, of the considered opinion
that a suitable technological and administrative
mechanism must be developed to identify potentially
related proceedings across judicial, quasi-judicial,
statutory and administrative forums and to bring
such proceedings to the notice of the competent
court or authority at the earliest practicable stage.
The mechanism should not be confined to matching
identical party names or proceedings falling under
the same case classification. It should, as far as
practicable, take into account the parties, the
capacities in which they appear, the property or
transaction involved, the underlying facts, the reliefs
sought, the orders challenged and other relevant
particulars.
16. Accordingly, the following directions are issued to the
Chief Secretary, Government of Karnataka; the
Additional Chief Secretary, Home Department,
Government of Karnataka; the Additional Chief
Secretary, Revenue Department, Government of
Karnataka; and the Principal Secretary, Department
Digitally Signed By:
SURAJ GOVINDA RAJ
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of E-Governance, Government of Karnataka, to
examine and facilitate the development of an
appropriate mechanism for identifying potentially
related proceedings pending before different courts,
tribunals, quasi-judicial authorities and other
relevant statutory or administrative forums in the
State of Karnataka.
17. The Chief Secretary, Government of Karnataka, shall
constitute a committee comprising such officers as
she deems fit, drawn from the concerned
departments, to examine and coordinate the exercise
contemplated by this order. The committee may,
wherever necessary, obtain technical assistance from
competent technical agencies.
18. The aforesaid officers, acting in coordination and
through the committee so constituted, shall
undertake the following:
18.1. Examine the existing information technology
systems and databases maintained by the State
Government and its departments, including
systems used by police authorities, revenue
authorities, quasi-judicial authorities and other
Digitally Signed By:
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statutory or administrative bodies, and identify
measures required to facilitate the identification
of potentially related proceedings.
18.2. Formulate a proposal for a suitable mechanism
to identify proceedings that may relate to the
same transaction, property, subject matter,
cause of action or underlying dispute,
notwithstanding differences in the names or
capacities of the parties, case types, subject
classifications, statutory provisions invoked,
reliefs sought or advocates appearing in the
proceedings.
18.3. Take into account, to the extent relevant and
available, the names and identifying particulars
of the parties, their respective capacities, case
numbers, nature of the proceedings, subject
classifications, statutory provisions invoked,
property particulars, transactions, agreements,
administrative decisions, orders challenged,
reliefs sought and other particulars that may
assist in identifying a potential connection
between proceedings.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
Verified
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18.4. Give particular attention to identifying
situations in which:
18.4.1. a civil suit concerning title, possession,
contractual rights or other civil
consequences is pending alongside
proceedings before a revenue authority or
another quasi-judicial body concerning the
same property or underlying dispute;
18.4.2. an order passed by a quasi-judicial or
statutory authority is challenged before
this Court or another competent forum
while a civil suit or other proceeding
concerning the underlying rights,
transaction or subject matter remains
pending;
18.4.3. proceedings before police authorities or
criminal courts arise from facts or
transactions that are also the subject
matter of civil or statutory proceedings;
Digitally Signed By:
SURAJ GOVINDA RAJ
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18.4.4. a party relies upon, challenges or seeks to
enforce an order passed in another
proceeding; or
18.4.5. the pleadings or records disclose
materially different factual stands taken
by the same party in different
proceedings, requiring verification by the
competent forum.
18.5. Examine the feasibility of generating an alert or
flag when potentially related proceedings are
identified. Such alert should, to the extent that
the information is available and may lawfully be
disclosed, indicate the forum, case number,
parties, nature of the subject matter, present
status of the proceeding and particulars of
relevant orders.
18.6. Provide, wherever technically feasible, for
identification of whether a related proceeding is
pending, disposed of, under appeal or revision,
or subject to an interim order or stay.
Appropriate procedures shall be considered for
updating the status of proceedings and
Digitally Signed By:
SURAJ GOVINDA RAJ
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indicating the source and date of the
information displayed, so that outdated or
incomplete information is not inadvertently
relied upon.
18.7. Examine the feasibility of incorporating
appropriate disclosure fields in electronic filing
systems and prescribed forms used by the
concerned State departments and authorities,
requiring parties, wherever applicable and in
accordance with the applicable rules, to disclose
pending or disposed-of proceedings concerning
the same or substantially overlapping subject
matter. Such disclosure may include the forum,
case number, nature of the proceeding, relief
sought, status and particulars of relevant
orders.
18.8. Ensure that the proposed mechanism facilitates
the identification of potentially related
proceedings without automatically determining
that such proceedings are duplicative, barred
by law or impermissible. The generation of an
alert shall not, by itself, result in the dismissal,
stay, transfer or consolidation of any
Digitally Signed By:
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proceeding, nor shall it constitute a finding of
suppression, forum shopping, abuse of process,
perjury or other misconduct. The legal
consequences of the relationship between
proceedings shall remain for determination by
the competent court or authority in accordance
with law.
18.9. Examine the feasibility of utilising or adapting
existing information technology infrastructure
and databases, avoiding unnecessary
duplication of systems and expenditure. The
committee may obtain technical assistance
from competent technical agency for technical
assessment, design, development or
implementation of the proposed mechanism.
18.10. Examine the legal and technical requirements
for sharing relevant case particulars across the
concerned departments and authorities,
including the safeguards necessary to protect
privacy, confidentiality, restricted records and
information security. Appropriate access
controls, audit trails, procedures for correcting
inaccurate or outdated particulars and
Digitally Signed By:
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safeguards against unauthorised access or
misuse of information shall be incorporated into
the proposal.
18.11. Provide for verification of potential matches by
the concerned officer or authority and for a
procedure to correct false, incomplete or
erroneous matches. The mechanism should
permit an authorised officer to record that a
flagged proceeding has been examined and
found to be unrelated or that the apparent
connection is not material. No adverse
inference shall be drawn solely from the
existence of a match or alert. Equally, the
absence of an alert shall not absolve a party of
any obligation to disclose material facts or
comply with applicable procedural
requirements.
18.12. Examine the feasibility of including legacy and
disposed-of proceedings, to the extent that the
relevant records are available and can lawfully
be accessed. Where records are not digitised or
direct electronic integration is not feasible,
suitable alternative or manual procedures shall
Digitally Signed By:
SURAJ GOVINDA RAJ
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be considered to facilitate the identification and
verification of related proceedings.
18.13. Prepare a written implementation plan in
consultation with the concerned departments
and, where required, the technical agency. The
plan shall identify the existing systems
proposed to be utilised, the forums and
proceedings proposed to be covered, the data
fields and matching parameters, the legal and
technical requirements, the safeguards to be
adopted, the nodal officers responsible for
implementation, the estimated resources
required, and the proposed phases and
timelines for implementation.
18.14. Provide for appropriate testing of the proposed
mechanism before wider deployment to assess
the reliability of matching, the incidence of
erroneous alerts, the identification of missed
connections, data accuracy, information
security and the effectiveness of the verification
process. Provision shall also be made for
periodic review, maintenance, training of
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authorised personnel and correction of
deficiencies identified during implementation.
18.15. Submit a joint status report before this Court,
through the Chief Secretary, Government of
Karnataka; the Additional Chief Secretary,
Home Department; the Additional Chief
Secretary, Revenue Department; and the
Principal Secretary, Department of E-
Governance, Government of Karnataka, setting
out the constitution of the committee,
consultations undertaken, feasibility
assessment, proposed implementation plan,
safeguards contemplated and timelines
proposed for implementation.
18.16. The object of these directions is to ensure that
courts and authorities are not inadvertently
deprived of material information concerning
related proceedings and that no litigant is
enabled to secure an advantage by withholding
relevant facts or taking inconsistent stands
before different forums. These directions are
not intended to prevent a litigant from pursuing
remedies available under different enactments
Digitally Signed By:
SURAJ GOVINDA RAJ
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or before different competent forums, nor to
treat every proceeding concerning the same
property, transaction or parties as
impermissible.
18.17. The existence of related proceedings may have
different legal consequences depending upon
the nature of the proceedings, the jurisdiction
of the respective forums, the reliefs sought, the
orders passed and the applicable law. The
proposed mechanism shall, therefore, function
as an aid to transparency, informed
adjudication and effective case management.
The determination of whether proceedings are
duplicative, whether a disclosure obligation has
been breached, or whether any further action is
warranted shall remain with the competent
court or authority in accordance with law.
19. The Registrar (Judicial) shall forward a copy of the
above order to Chief Secretary, Government of
Karnataka; the Additional Chief Secretary, Home
Department; the Additional Chief Secretary, Revenue
Department; and the Principal Secretary,
Department of E-Governance, Government of
Digitally Signed By:
SURAJ GOVINDA RAJ
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Karnataka to their official e-mail IDs. The Learned
HCGP is also directed to inform them of the above
Order and co-ordinate for reporting compliance.
20. Though the above matter is disposed of, relist on
14.11.2026 for reporting compliance.
Digitally Signed By:
SURAJ GOVINDA RAJ
28/10/2026, 12:04, Bengaluru
(SURAJ GOVINDARAJ)
JUDGE
PRS
List No.: 1 Sl No.: 6
Verified