- 1 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.201501 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI RAJASHEKHAR S/O KALLANAGOUDA PATIL, AGED: 54 YEARS, OCC:BUSINESS, R/O. NO.II KEREMANE APARTMENT, DEVAKERE EXTENSION, ISRO LAYOUT, BANGALORE SOUTH, BANGALORE-560078. 2. SRI RAJAKUMAR S/O IRANNA ANDANI, AGED: 39 YEARS, OCC:BUSINESS, R/O. 10-5/4, GARDEN ROAD, OPP. INDRA HOSTEL, N.V.LAYOUT, GULBARGA-585103. …PETITIONERS (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: 1. SRI RAVEENDRA S/O SHIVAGONDAPPA LONI, AGED:54 YEARS, OCC:BUSINESS, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 R/O. ASHRAM ROAD, NEAR BLDE WOMEN HOSTEL, BENDRE CIRCLE, VIJAYAPURA – 586101. …RESPONDENT (BY SRI MANVENDRA REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) / UNDER SECTION 528 OF BNSS, PRAYING TO a) TO QUASH THE PRIVATE COMPLAINT FILED BY THE RESPONDENT UNDER SECTION 200 OF THE CR.P.C., IN C.C NO.3015/2024 ON THE FILE OF V ADDL. CIVIL JUDGE AND JMFC, VIJAYAPURA. b) CONSEQUENTLY, QUASH THE ORDER DATED 15.04.2024 IN C.C NO.3015/2024 PASSED BY THE V ADDL. CIVIL JUDGE AND JMFC-IV, VIJAYAPURA, FOR TAKING COGNIZANCE AND ISSUE OF SUMMONS TO THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 499 AND 500 OF THE IPC. 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) 1. Heard learned counsel Sri Shivanand V. Pattanashetti for the petitioners and learned counsel Sri Manvendra Reddy for the respondent. 2. This petition is filed under Section 482 of Cr.P.C., with the following prayer: - 3 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 “a. To quash the private complaint filed by the respondent under section 200 of the Cr.P.C in C.C. No.3015/2024 on the file of V Addl. Civil Judge and JMFC IV at Vijayapur; b. Consequently, quash the Order dated 15- 04-2024 in C.C. No.3015/2024 passed by the V Addl. Civil Judge and JMFC IV at Vijayapur, for taking cognizance and issue of summons to the petitioners for the offence punishable under section 499 and 500 of the IPC; c. Issue any other order or direction that this Hon'ble Court thinks appropriate in the ends of justice and equity.” 3. A private complaint came to be filed before the V Additional Civil Judge and JMFC-IV, Vijayapura, by the respondent against the petitioners herein for taking action for the offences punishable under Sections 499 and 500 of IPC. 4. The complaint averments would reveal that respondent and petitioners were partners of M/s. Sun Valley Agro Products. Under the partnership deed, it was - 4 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 granted to the respondent for dealing with the affairs of the Company including raising loan, etc. After sometime, petitioners felt that the respondent is not acting in the interest of the partnership firm, but his activities are detrimental to the interest of the partnership firm and therefore, there was a resolution passed by the petitioners withdrawing the powers of the respondent to deal with the affairs of the partnership firm. 5. To bring it to the knowledge of the general public about the resolution and the activities of the respondent which are detrimental to the interest of the partnership firm as per the petitioners, a public notice came to be published in Kannada Daily Newspaper Vijaya Karnataka on 23.10.2023. 6. Gist of the said public notice is to the effect that the petitioners herein hold 60% of the shares and respondent holds 40% of the shares in the partnership firm, namely, M/s. Sun Valley Agro Products. - 5 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 7. It also contended that the respondent herein in order to bring bad name to the firm used the funds of the partnership firm and therefore, they have withdrawn the power granted to the respondent in dealing properties of the partnership firm. 8. Publishing such notice in the Newspaper Vijaya Karnataka Kannada Daily Newspaper dated 23.10.2023 respondent herein filed a private complaint in PCR No.68/2023. Before filing the private complaint, there was exchange of notices between the parties. 9. Learned trial Magistrate based on the complaint registered a case, proceeded with the matter and posted the matter for recording sworn statement. After recording his sworn statement, cognizance has been taken for the offences under Sections 499 and 500 of IPC, which is called in question. 10. After having heard the arguments of both the sides, this Court perused material on record meticulously. - 6 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 On such perusal, it is noticed that per-se the publication item is not defamatory in nature. Further, private complaint does not contain list of witnesses and list of documents and therefore, learned trial Magistrate was not entitled to register the private complaint itself, as is enunciated in the case of Keshava Murthy –vs- Veeraiah1. 11. Taking note of these aspects of the matter, this Court is of the considered opinion that since the publication matter is not per-se defamatory, proceeding with the criminal case would result in abuse of process of law and therefore, calls for interference by this Court by exercising inherent power vested in it under Section 482 Cr.P.C. 12. Hence, the following: 1 ILR 1987 KARNATAKA 2285 - 7 - HC-KAR NC: 2025:KHC-K:3467 CRL.P No. 201501 of 2024 ORDER i. The petition is allowed. ii. Pending proceedings in C.C. No.3015/2024 on the file of the Court of the V Additional Civil Judge and JMFC-IV, Vijayapura, is hereby quashed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 33 CT:PK