Safiya Malik

The Karnataka High Court has dismissed writ petitions filed by individuals accused of fabricating birth certificates to participate in junior-level badminton tournaments. The court considered the complaint, supporting documents, and the investigation initiated under Section 156(3) of the Code of Criminal Procedure, 1973. It concluded that there were prima facie materials indicating the commission of offences under Sections 420, 468, 471, and 34 of the Indian Penal Code, 1860. The court held that the petitioners had not established valid grounds to quash the proceedings and that the investigation should continue.

The petitions were filed by multiple individuals, including a badminton coach and members of the Karnataka Badminton Association, challenging the registration of an FIR and criminal proceedings in Crime No. 194 of 2022. The complainant alleged that the accused conspired to fabricate birth certificates to reduce the recorded ages of two players, thereby making them eligible for junior-level badminton tournaments and associated benefits.

According to the complaint filed by the second respondent, the primary accused, a badminton coach, along with other accused persons, manipulated the birth records of his two sons by creating falsified documents. The complainant contended that the accused misrepresented the birth dates of the players, enabling them to compete in age-restricted events and obtain government benefits fraudulently.

The private complaint was initially filed before the Trial Court in PCR No. 14448 of 2022. The complainant, after securing information under the Right to Information Act from the Sports Authority of India, alleged that the accused individuals had knowingly fabricated birth certificates to show a lower age. The complaint was referred for investigation under Section 156(3) of the Code of Criminal Procedure, leading to the registration of FIR No. 194 of 2022 by the High Grounds Police Station.

The petitioners argued that the allegations were baseless and that the proceedings were initiated with mala fide intent. They submitted that the complaint was filed years after the alleged misconduct and that no substantial evidence supported the accusations. The petitioners contended that the FIR and subsequent proceedings should be quashed under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure.

The state government and the complainant opposed the petitions. They argued that the documents submitted under the Right to Information Act, 2005, provided sufficient material to support the allegations and warranted further investigation. The respondents pointed out that a departmental inquiry had already found one of the accused guilty of misconduct, and the disciplinary authority had confirmed the findings.

The court examined the documents presented by the complainant, which included records obtained from the Sports Authority of India. It noted that the nomination forms and official records contained discrepancies regarding the birth dates of the players. The court recorded:

"Respondent No.2 - the complainant after having obtained information under the Right to Information Act from the Sports Authority of India (Ministry of Youth Affairs & Sports), New Delhi, has filed the complaint before the Trial Court in PCR No. 14448 of 2022 alleging concoction of the documents by accused No.1 in collusion with accused Nos.4 and 5 in fabricating the birth certificates of his two sons, who are accused Nos.2 and 3."

The court took into account that a departmental inquiry had already established misconduct on the part of one of the accused, and the disciplinary authority had upheld these findings. It recorded:

"It is stated that the departmental enquiry was conducted in that regard and accused No.1 was found guilty by the Enquiry Officer and the same was confirmed by the Disciplinary Authority."

The court considered the specific allegations that the birth certificates were manipulated to show a reduced age for the accused individuals. It stated:

"The materials that are placed on record disclose that accused No.1 taking advantage of his position as coach in Badminton Academy colluded with accused No.4, who is also the employee of the Karnataka Badminton Association, accused No.5 being the mother of accused Nos.2 and 3 have fabricated the birth certificates and manipulated the date of birth of accused Nos.2 and 3 to enable them to take part in badminton tournament and claimed the benefit from the Government."

The court held that the materials on record constituted sufficient grounds to continue the investigation and that interference at this stage was unwarranted. It stated:

"When prima facie materials are placed on record which constitute the offences, I do not find any reason either to stall the investigation or to quash the initiation of criminal proceedings."

The court dismissed the writ petitions, holding that the petitioners had not made out any grounds for quashing the criminal proceedings. It observed that there were sufficient materials placed on record, obtained through the Right to Information Act, which warranted further investigation. The court specifically recorded:

"Respondent No.2 has filed the statement of objections along with the documents, which are GPF nomination form and Memorandum of Articles of Charge against accused No.1 framed in departmental enquiry. The authenticity of these documents is not under challenge."

The court rejected the petitioners' arguments and stated that the documents presented indicated a prima facie case requiring further inquiry. It recorded:

"When prima facie materials are placed on record which constitute the offences, I do not find any reason either to stall the investigation or to quash the initiation of criminal proceedings."

The court also noted that the investigation had been delayed due to the interim order granted at the time of filing the petitions. It observed:

"Since the interim order of stay was granted by this Court on filing of the petitions, the investigation was not concluded."

Concluding that there was no reason to interfere with the ongoing proceedings, the court issued the following order:

"The writ petitions are dismissed."

Case Title: Chirag Sen & Ors. v. State of Karnataka & Anr.
Case Number: WP No. 26156 of 2022 (C/W WP No. 25699 of 2022, WP No. 26136 of 2022)
Bench: Justice M.G. Uma

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