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2025 DAILYLAW 15256 (KAR)

SRI. KRISHNA KUMAR D M v. STATE OF KARNATAKA

WP/2782/2025 · 2025-02-06

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5364 WP No. 2782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2782 OF 2025 (GM-RES) BETWEEN: SRI. KRISHNA KUMAR D M S/O.LATE.MUNIYAPPA AGED ABOUT 47 YEARS, R/AT.AVR ROAD, J.C.LAYOUT, KANAKAPURA TOWN, RAMANAGARA DISTRICT-562159 (ACCUSED NO.1 IN THE F.I.R.) …PETITIONER (BY SRI. SHARATHKUMAR SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHANNAPATANA TOWN POLICE STATION, CHANNAPATANA RAMANAGARA DISTRICT 562160 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA STATE BY 2. SRI.ADISESHA, (ADVOCATE), S/O.LATE.RAMAREDDY.P AND SMT.LALITHAMMA, AGE 52 YEARS, NO.16, 7TH CROSS, NEW BANK COLONY, NEAR SRINIDHI SCHOOL, KONANAKUNTE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5364 WP No. 2782 of 2025 BANGALORE-560 062. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1; SRI. S.R.SREEPRASAD, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE FIR IN CRIME NO. 0001/2025 FILED BY THE R-1/CHANNAPATNA POLICE STATION ON 03.01.2025 UNDER SECTION 318(4), 319(2), 336(3), 338, 340(2), 199, 190 OF THE BHARATIYA NYAYA SANHITA (BNS) 2023 AGAINST THE PETITIONER AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioner has filed this petition for the following relief: "Quash the FIR in Crime No.0001/2025 filed by the 1st Respondent/Channapatana Police Station on 03.01.2025 under Section 318(4), 319(2), 336(3), 338, 340(2), 199, 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 against the petitioner. As per Annexure-"A". 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that apart from the impugned complaint dated 03.01.2025 lodged by the respondent No.2 - complainant against the petitioner and others, - 3 - NC: 2025:KHC:5364 WP No. 2782 of 2025 the petitioner had already lodged a complaint against the vendor - Lalitamma on 02.01.2025. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing a Single Investigating Officer to conduct investigation pursuant to the impugned FIR in Crime No.0001/2025 as well as the complaint given by the petitioner and to register an FIR, if not registered as on today and proceed further and submit a final report in accordance with law as expeditiously as possible. 4. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 5. Liberty is also reserved in favour of the parties to take recourse to such remedies as available in law, including approaching this Court subsequent to filing of a final report, if so advised. The petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB