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Civil Court Decree Correcting Birth Date Cannot Automatically Stop Forgery Investigation: Karnataka High Court

Shivam
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The Karnataka High Court refused to quash proceedings against a police sub-inspector, ruling that a civil court decree correcting his birth date cannot automatically stop a forgery investigation. - Kashilingegowda S B v. State of Karnataka and Others

Civil Court Decree Correcting Birth Date Cannot Automatically Stop Forgery Investigation: Karnataka High Court

The Karnataka High Court has refused to quash criminal proceedings against a police sub-inspector accused of allegedly fabricating vaccination records to change his date of birth and qualify for recruitment. Justice Suraj Govindaraj dismissed the criminal petition, holding that an existing civil court decree does not automatically prevent an investigation into alleged forgery and cheating.

Background

In Kashilingegowda S B v. State of Karnataka and Others, a complaint alleged that the petitioner had manipulated vaccination records to change his date of birth from April 15, 1988, to April 15, 1987, allegedly to become eligible for recruitment as a Police Sub-Inspector.

The Vidhana Soudha Police registered FIR No. 118/2024 on December 24, 2024, under Sections 198, 420, 465, 468 and 471 of the Indian Penal Code.

The petitioner argued that his date of birth had been corrected pursuant to a civil court decree in O.S. No. 255 of 2017. He also relied on a Karnataka State Administrative Tribunal order dated July 23, 2025, concerning the disciplinary proceedings against him.

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Justice Suraj Govindaraj examined whether the civil court decree could prevent an investigation into the allegations concerning the documents used to obtain it.

The Court noted that the vaccination records forming the basis of the civil court decree were themselves alleged to have been fabricated. It observed:

"The existence of a decree directing correction of the date of birth does not, by itself, foreclose an investigation into allegations that the documents relied upon to obtain that decree were fabricated."

The Court further clarified that the validity of the civil decree and the question of criminal investigation were separate issues.

It stated that whether the documents were fabricated, whether the petitioner was involved, and whether the alleged offences were established were matters to be examined during the investigation.

The High Court dismissed the criminal petition and directed the respondents to complete the necessary investigation at the earliest and submit the investigation report.

It clarified that its observations should not be treated as a finding on the truth of the allegations or the petitioner's guilt.

Case Details

  • Case Title: Kashilingegowda S B v. State of Karnataka and Others
  • Case Number: Criminal Petition No. 904 of 2025
  • Judge: Justice Suraj Govindaraj
  • Decision Date: October 13, 2026
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