Karnataka HC Rejects Plea to Quash FIR Against Alleged Fake Lawyer

BENGALURU: The Karnataka High Court has declined to quash a criminal case against a man accused of falsely presenting himself as an advocate and allegedly collecting more than ₹21 lakh from a widow while promising to help resolve her property dispute.

Justice Suraj Govindaraj, hearing the petition, held that the allegations in the complaint, if taken at face value at this preliminary stage, disclosed circumstances warranting a criminal investigation. The court rejected the argument that the matter was purely civil because it arose from a property dispute.

Woman Allegedly Paid More Than ₹21 Lakh

The case arose from a complaint filed by a widow who was involved in a dispute concerning property and was looking for assistance in resolving related litigation.

According to the allegations before the court, one of the accused allegedly introduced himself as a lawyer and claimed that he could assist the woman in dealing with the pending legal matter. She allegedly relied on those representations and subsequently paid the accused more than ₹21 lakh.

The complaint further alleges that the accused did not possess the legal credentials he represented himself as having. The exact circumstances surrounding the payments and the representations made to the woman remain matters for investigation.

Accused Sought Cancellation of FIR

The accused approached the Karnataka High Court seeking to have the FIR and subsequent proceedings quashed.

His argument was that the dispute essentially concerned property and money and should therefore be treated as a civil matter. On that basis, the petitioner contended that allowing a criminal case to continue was inappropriate.

The High Court did not accept that submission at the stage of investigation.

The court examined whether the allegations, on their face, disclosed ingredients of a criminal offence. It concluded that the complaint contained allegations that went beyond a simple disagreement over property or repayment of money.

Civil Dispute Can Also Involve Criminal Offences

A central point in the court’s decision was the distinction between civil and criminal proceedings.

The existence of a civil dispute does not automatically prevent criminal action where the allegations also disclose conduct that may constitute an offence. If a complaint alleges that a person obtained money by making a false representation or by deliberately inducing another person to rely on that representation, the matter may warrant investigation under criminal law.

In this case, the allegation that the accused allegedly posed as an advocate was particularly relevant because the woman was reportedly seeking legal assistance in connection with ongoing property litigation.

The court therefore found that the criminal investigation should not be stopped merely because the underlying dispute involved property.

Alleged False Legal Credentials Under Investigation

The allegation concerning the accused’s identity as a lawyer forms an important part of the complaint.

According to the case placed before the High Court, the woman allegedly believed that the accused possessed the necessary legal credentials and could help resolve her dispute. The alleged representation was followed by the transfer of more than ₹21 lakh.

Whether the accused actually made the alleged representations, whether he falsely claimed to be an advocate and whether the payments were obtained through deception are factual questions that remain to be established through investigation and evidence.

High Court Says Investigation Should Continue

The High Court’s refusal to quash the FIR means that investigators can continue examining the allegations.