IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 1th DAY OF FEBRUARY, 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.7149/2009 BETWEEN: Basavaraj, S/o. Siddramappa Shettar Age: 18 years, 0cc: Student R/o. Bagalkot, Tal. & Dist. Bagalkot PETITIONER (By Sri. Prabhakar A. Kulkarni, Adv.) AND: State by P.S.I Bagalkot Town Police Station Bagalkot RESPONDENT (By Sri. Vinayak S. Kulkarni, HCGP) This Criminal Petition is filed under Section 482 Cr.P.C praying to quash the proceedings initiated in 2 Cr1. Case No.35/2008 pending on the file of the Prl. Civil Judge (Sr.Dn.) & CJM, Bagalkot and etc. This Petition coming on for hearing this day, the Court made the following: ORDER Heard the learned Counsel for the petitioner and the learned Government Pleader. 2. It the petitioner’s case that he is a student who was studying in the Pre-University Course and was to take the examination in March 2008 for the II year Pre University Course in Kannada language. On 18.03.2008, the examination was to commence at 9.00 am. His registration number was 353661. It is claimed that at 8.55 a.m, in the hall where the examination was to be conducted, the invigilator one M. S. Ramapur, a lecturer had found that one Ashok S. Kankankoppa was sitting at the place assigned for the petitioner’s registration number. Since the said invigilator immediately recognised the said 3 Ashok S. Kankankoppa, seeking to take the examination in the place of the petitioner, while using a hail ticket purportedly showing the name of the petitioner, he had immediately informed the vigilance squad, who thereafter also identified the petitioner, who was also outside the hall carrying the original hail ticket and on comparison, found that there was an intention by Ashok S. Kankankoppa to impersonate the petitioner at the examination. The hall tickets were seized by the Chief Superintendent and the statements of the petitioner and Ashok S. Kankankoppa were recorded. The police were informed orally, but a written complaint was lodged only in the afternoon at 3.00 pm and a case was registered thereafter, for the offences punishable under Sections 419, 468, 471 read with Section 34 of IPC and have also later modified the charge sheet to incorporate Section 420, while dropping the charge under Section 468 of IPC. It is in that background that the petitioner has filed this petition to raise several 4 contentions as regards the very maintainability of the complaint. 3. The grounds raised are ideally grounds, which could be urged in seeking discharge, if at all the petitioner is in a position to satisfy the Court below of the case for such discharge. The same cannot be addressed by this Court at this point of time. The appropriate remedy is for the petitioner to urge these contentions before the Court below in terms of Section 239 of the Code of Criminal Procedure and seek such discharge. 4. Therefore, without prejudice to the case of the petitioner on the very grounds that are sought to be urged herein, the petition stands disposed of. Sd/ JUDGE gab/