- 1 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200965 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NARENDRARAJ S/O LATE PARASMAL MOOTHA, AGE:65 YEARS, OCC: BUSINESS, R/O. LOHARWADI, RAICHUR – 584101 …PETITIONER (BY SRI SACHIN M. MAHAJAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY MARKET YARD POLICE STATION RAICHUR-584101, BY ITS SHO, REPRESENTED BY SPECIAL P.P., HON'BLE HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI–585103. 2. SHANKAR SINGH S/O GOPAL SINGH, AGE:46 YEARS, OCC: BUSINESS, R/O. H.NO.1-4-879/30 IDSMT LAYOUT, RAICHUR-584101. …RESPONDENTS (BY SMT. ARATI PATIL ,HCGP FOR R1; SRI SANJAY A. PATIL, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.48/2025 OF MARKET YARD POLICE STATION, RAICHUR PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND CJM AT RAICHUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 351(2), 352, 126(2), 49 AND 3(5) OF THE BNS, BY ALLOWING THE PETITION. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sachin M. Mahajan, learned counsel for the petitioner, Smt.Arati Patil, learned High Court Government Pleader for respondent No.1 and Sri Sanjay A. Patil, learned counsel for respondent No.2. 2. Petition under Section 528 of BNSS, 2023 with the following prayer: “Praying to quash the FIR and complaint in Crime No.48/2025 of Market Yard Police Station, Raichur, pending on the file of the learned Principal Civil Judge (Senior Division) and CJM at Raichur for the alleged offences punishable under Sections - 3 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 351(2), 352, 126(2), 49 and 3(5) of the BNS, by allowing the petition.” 3. Facts in brief, which are utmost necessary for disposal of the present petition are as under: 3.1 Shankar Singh S/o. Gopal Singh, lodged a complaint with Market Yard Police Station, Raichur, which was registered in Crime No.48/2025 on 21.05.2025 for the offences punishable under Sections 351(2), 352, 126(2), 49 and 3(5) of BNS, 2023. 3.2 Gist of the complaint averments would reveal that on 16.05.2025 at about 05.00 p.m., the petitioner herein came near the ‘Goshala’, which was in possession of the complainant and abused him and his followers in filthy language, also trespassed into the shops and threw out the articles that were found in the said shop and they also gave life threat. 3.3 Based on the said complaint, police have registered the case as aforesaid and investigating the - 4 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 matter. Very registration of the FIR is called in question in this petition by the petitioner herein. 4. Learned counsel for the petitioner reiterating the grounds urged in the petition contended that present petitioner - Narendraraj is the president of Goshala Sangha, Raichur and erstwhile president had defended the civil suit and the suit filed by the vendor of the complainant came to be dismissed and at present the matter is pending before this Court in RSA No.200327/2021. 5. It is his further contention that since there is a civil decree suffered by the vendor of the complainant, question of the petitioner interfering with the alleged possession of the complainant in respect of the shops etc. would not arise at all and in order to gain an upper hand in the pending civil proceedings, a false complaint came to be lodged. - 5 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 6. He would further contend that since the civil suit is lost by the vendor of the complainant, continuation of the investigation in respect of the alleged crime would result in abuse of process of law and sought for quashing of the FIR. 7. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 opposed the grounds for quashing the FIR and contended that if the accused is now the president of Goshala, who is not a party to the suit, he can very well place such materials before the Investigation Officer. 8. They would also contend that quashing of the FIR is a rare remedy and there are no compelling circumstances in the case on hand and thus, sought for dismissal of the petition. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 10. On such perusal of the material on record, in respect of the disputed property, admittedly there were some civil proceedings. 11. Present petitioner claims to be the president of ‘Goshal Sangha’, Raichur and erstwhile president was the party to the civil proceedings. It is matter of record that vendor of the complainant lost the suit in two Courts and the matter is now pending before this Court in the second appeal in RSA No.200327/2021. 12. Whether at all the alleged incident has taken place as per the complaint averments or not, will have to be investigated by the police after recording necessary statements and conducting spot mahazar. 13. The accused/petitioner is entitled to furnish such documents as is favourable to him before the Investigation Officer during the course of investigation. If the investigation agency is of the opinion that no such offence as is contended by the complainant has taken - 7 - HC-KAR NC: 2025:KHC-K:3667 CRL.P No. 200965 of 2025 place, nor the possession of the property is not with the complainant having regard to the civil Court decree, appropriate report will be filed by the investigation agency as is contemplated under Section 193 of BNSS, 2025. 14. Reserving such liberty for the petitioner to place favourable materials before the Investigation Officer, following order is passed: ORDER Criminal petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 45 CT:PK