Karnataka High Court
Criminal LawCriminal Procedure and Evidence

Mere negligence, without the requisite statutory ingredients, cannot sustain charges of cheating, impersonation, forgery, or unlawful assembly.

SMT VEENA K S vs STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: September 25, 20262 MIN READSOURCE JUDGMENT
Mere negligence, without the requisite statutory ingredients, cannot sustain charges of cheating, impersonation, forgery, or unlawful assembly.. SMT VEENA K S vs STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

A complaint dated 26 October 2019 alleged fraud concerning remarriage-of-widows benefits, leading to registration of Crime No. 205/2019 and, after investigation, a charge sheet dated 18 November 2023 against the petitioner and others.

Source reference: p. 2, para. 2

The petitioner, arrayed as accused No. 19, sought to quash the charge sheet and proceedings in C.C. No. 733/2023 for offences under Sections 420, 419, 471 and 149 of the IPC.

Source reference: pp. 3–4, paras. 3–4

She argued that the complaint named only two other persons and that the charge sheet attributed to her, at most, negligent examination of documents.

Source reference: pp. 3–4, paras. 3–4

She also relied on a 2025 disciplinary-enquiry order and Radheshyam Kejriwal v. State of West Bengal.

Source reference: pp. 4–6, paras. 4–7
02

Issues

1. Whether the allegations against the petitioner in the complaint and charge sheet disclosed the ingredients of offences under Sections 420, 419, 471 and 149 of the IPC.

Source reference: pp. 3–6, paras. 3–8

2. Whether the charge sheet and criminal proceedings against the petitioner should be quashed.

Source reference: p. 6, para. 8; p. 7, para. 9
03

Law Applied

Sections 420, 419, 471 and 149 of the IPC require allegations and supporting material disclosing the constituent elements of the respective offences; negligence, without more, does not establish those offences.

Source reference: p. 6, para. 8

The Court also considered Radheshyam Kejriwal v. State of West Bengal, which holds that criminal prosecution may continue despite separate adjudication proceedings, but may be an abuse of process where the person is exonerated on merits on identical allegations.

Source reference: pp. 4–6, para. 6

The Court’s decision, however, turned on the absence of allegations satisfying the charged offences, rather than on the disciplinary-enquiry outcome.

Source reference: p. 6, para. 8
04

Reasoning

The Court found that the complaint contained no particular allegation against the petitioner and that the charge sheet referred to her only as having negligently examined the relevant papers.

Source reference: pp. 3–4, paras. 3–4; p. 6, para. 8

It held that this allegation did not establish the ingredients of cheating, cheating by personation, using a forged document, or unlawful assembly liability under the charged provisions.

Source reference: p. 6, para. 8

Because the charge sheet disclosed no basis for prosecuting the petitioner under those sections, the proceedings against her could not continue.

Source reference: p. 6, para. 8
05

Holding

The Court allowed the petition and quashed the charge sheet dated 18 November 2023 and the proceedings in C.C. No. 733/2023, arising from Crime No. 205/2019, against the petitioner for offences under Sections 420, 419, 471 and 149 of the IPC.
06

Acts & Sections Cited

7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Bharatiya Nagarik Suraksha Sanhita, 20231

Karnataka High Court

Original Court PDF

SMT VEENA K SvsSTATE OF KARNATAKA

Karnataka High Court · September 25, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment