The Karnataka High Court has refused to quash the criminal proceedings against Indian badminton players Lakshya Sen, Chirag Sen, their parents, and coach U Vimal Kumar. The case involves allegations of fabricating birth certificates to manipulate age eligibility for badminton tournaments, thereby securing government benefits unlawfully.
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Justice M G Uma dismissed the petition, stating:
"The materials placed on record reveal that accused No.1, taking advantage of his position as a coach in the Badminton Academy, colluded with accused No.4, an employee of the Karnataka Badminton Association. Accused No.5, the mother of accused Nos.2 and 3, fabricated the birth certificates, altering the birth dates of accused Nos.2 and 3 to allow their participation in badminton tournaments and claim government benefits."
The court found sufficient prima facie evidence supporting the allegations and declined to halt the investigation or quash the criminal proceedings.
Background of the Case
The case originated from a private complaint filed by M G Nagaraja based on documents obtained through the Right to Information Act (RTI). According to the complaint, Chirag Sen, the son of accused Nos.1 and 5, was born between January and February 1996. However, his birth certificate was allegedly altered to show a birth date of July 22, 1998, making him appear younger than his actual age.
Similarly, the birth certificate of Lakshya Sen (accused No.3) was also allegedly fabricated to lower his age. This manipulation allowed them to qualify for tournaments meant for younger players, providing them with unfair advantages in selection and financial benefits.
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The trial court, after reviewing the complaint, directed an investigation under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.). Consequently, an FIR was registered at the High Grounds Police Station against all accused.
Court’s Observations and Ruling
The High Court noted that the petitioners' counsel failed to present arguments despite multiple opportunities. Reviewing the case documents, Justice M G Uma observed that the complainant had provided substantial evidence, including:
- Official documents obtained under the RTI Act.
- Departmental inquiry reports confirming the alleged fraud.
- Nomination forms submitted by accused No.1, which showed inconsistencies in birth records.
Emphasizing the seriousness of the allegations, the court stated:
"When prima facie materials constitute the offenses, there is no reason to stall the investigation or quash the criminal proceedings."
The court rejected the petitions and allowed the investigation to proceed.
Appearance: Advocate Varun Joshi for Petitioners.
HCGP Venkat Sathyanarayan FOR R1.
Advocate K Vijaya Kumar for R2.
Case Title: Chirag Sen & ANR AND State of Karnataka & ANR
Case No: WRIT PETITION NO. 26156 OF 2022 (GM-RES) C/W WRIT PETITION NO. 25699 OF 2022 (GM-RES) WRIT PETITION NO. 26136 OF 2022