Attesting Witness Cannot Be Prosecuted For A Crime If There Are No Other Allegations Besides Being An Attesting Witness: Karnataka HC Reiterates

The Karnataka High Court, Dharwad Bench, reiterated that an attesting witness cannot be prosecuted for a crime if there are no other allegations against him besides being an attesting witness.

The Court allowed the Petition and quashed the criminal proceedings. The Court emphasized that the complaint and charge sheet only mention the Petitioner as a friend of Accused no 1 and a witness to the sale deed in question, which was fraudulent.

Justice M. Nagaprasanna noted, “The Apex Court and the High Court of Chattisgarh have elucidated the fact that an attesting witness cannot be hauled into the web of crime if there is no other allegation except that he is an attesting witness. In the case at hand as well, a perusal at the complaint or the summary of the charge sheet (supra), would indicate no other allegation except the fact that the petitioner was a friend of accused No.1 and an attesting witness to the sale deed”.

Advocates R.H. Angadi and Pooja Savadatti appeared for the Petitioner, and Government Pleader V.S. Kalasurmath appeared for the Respondent.

The Petitioner approached the Court by way of a Criminal Petition seeking to quash entire criminal proceedings and order of cognizance against the Petitioner (Accused no 2) for offences punishable under Sections 420, 465, 467, 468, 471, 474, and 34 of the Indian Penal Code (IPC).

The Court noted that Respondent no 2 had filed a private complaint alleging that Accused no 1 had committed forgery of a GPA and benefited from it. Accused No 1 received all the benefits, while Accused No 2 and 3 actively supported the actions of Accused No 1. The fraudulent act resulted in the sale deed. The Petitioner was identified as an attesting witness to the sale deed.

The Court ascertained the issue:

“whether an attesting witness to a sale deed can be hauled up in the web of crime, notwithstanding the fact that the petitioner is not the beneficiary of any of the alleged fraud played by accused No.1”.

The Court placed reliance on the Supreme Court Dictum in the case of M.L. Abdul Jabbar Sahib v M.V. Venkata Sastri & Sons and others [1969(1) SCC 573] and reiterated that an attesting witness cannot be implicated in any criminal activity if there are no other accusations against them. The Court asserted that the complaint and charge sheet only mention the Petitioner as a friend of Accused no 1 and a witness to the sale deed in question, which is said to be fraudulent.

Accordingly, the Court allowed the Petition and quashed all criminal proceedings.

Cause Title: Rajesh v State of Karnataka 

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