- 1 - NC: 2025:KHC:5612 CRL.P NO.1632 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.1632 OF 2025 BETWEEN: SRI. H. SUGANAKAR RAO S/O H. MURALIDHARA RAO AGED ABOUT 60 YEARS, R/AT NO.1, 1ST CROSS, PALANI MUDALIAR STREET, HALASURU, BENGALURU - 560 008. …PETITIONER (BY SRI. MATHEW P.M., ADVOCATE) AND: 1. THE POLICE INSPECTOR INDIRANAGAR POLICE STATION, BENGALURU. 2. M/S THE REGIONAL MANAGER, UNION BANK OF INDIA NO.30, R.K. PLAZA, C.M.H. ROAD, INDIRANAGAR, BENGALURU - 560 038. 3. MRS. SASHIKALA SUNDARESAN BRANCH MANAGER, M/S UNION BANK OF INDIA, NO.30, R.K. PLAZA, C.M.H. ROAD, INDIRANAGAR, BENGALURU - 560 038. 4. NAVEEN ANNIGERI LOAN DEPARTMENT M/S UNION BANK OF INDIA NO.30, R.K. PLAZA, C.M.H. ROAD, INDIRANAGAR, BENGALURU - 560 038. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:5612 CRL.P NO.1632 OF 2025 5. THE DIRECTOR K.H.T. MOTORS, NO.5, "SHERYA", AMARJYOTHI LAYOUT, INTERMEDIATE RING ROAD, DOMLUR, BENGALURU - 560 071. …RESPONDENTS (SMT. RASHMI JADHAV, ADDL. S.P.P. FOR R1; NOTICE TO R2 TO R5 IS DISPENSED WITH V/O DATED 07.02.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE (SECTION 528 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ORDER/DIRECT THE INDIRANAGAR POLICE STATION TO REGISTER THE F.I.R., CONDUCT AN UNBIASED ENQUIRY AND FILE A CHARGE SHEET IMMEDIATELY IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks following relief: "Allow this petition and order Indiranagar Police Station to register an F.I.R., conduct an unbiased enquiry and file a charge sheet immediately in the interest of justice. 2. Heard learned counsel for the petitionER and learned Additional Special Public Prosecutor for the respondent No.1 and perused the material on record. 3. Notice to respondents 2 to 5 is dispensed with. - 3 - NC: 2025:KHC:5612 CRL.P NO.1632 OF 2025 4. Learned counsel for the petitioner invited my attention to the material on record to point out that on 19th March, 2024, the petitioner has filed P.C.R No.4389/2024 against the respondents 2 to 5 for the offences punishable under Sections 406, 420, 166, 120B read with Section 34 of the Indian Penal Code. In pursuance of the same, the learned Magistrate directed the matter to be referred to the jurisdictional Police Authorities for investigation under Section 156(3) of the Criminal Procedure Code vide order dated 19th April, 2024, which reads as under: "19.04.2024 O R D E R The complainant has lodged instant complaint under Section 200 of Criminal Procedure Code for the offences punishable under Sections 406, 420, 166 and 120B read with Section 34 of Indian Penal Code and has prayed this Court to refer matter to jurisdictional Police Station for carrying investigation under Section 156(3) on the accusation that the Accused has committed alleged offences punishable under Sections 406, 420, 166 and 120B read with Section 34 of Indian Penal Code. That, on primafacie perusal of the averments arraigned in the complaint it reveals that the offences are cognizable and non-bailable in nature, wherein the further perusal of same reveals that the Complainant at the behest had filed complaint before the Indiranagar Police Station furthermore before Commissioner of Police, by - 4 - NC: 2025:KHC:5612 CRL.P NO.1632 OF 2025 setting criminal law into motion, and has maintained affidavit to that effect, wherein which on the said backdrop, it is opined that issuance of directions to Investigating Officer of Indiranagar Police Station would bring home the truth, accordingly matter referred to I.O. of Indiranagar Police Station to carry investigation as per procedure established under Section 156(3) of the Criminal Procedure Code and place report at the earliest. Office to issue necessary directions to Investigating Officer for effective investigation and place report on or before 12.08.2024. Await report Call on 12.08.2024." 5. It is the grievance the petitioner that, despite the aforesaid specific order directing the respondent No.1 to register the F.I.R. and conduct investigation, the respondent No.1-Police Authorities have not registered the F.I.R. even till today and as such, the petitioner is before this Court by way of present petition. 6. Learned Additional Special Public Prosecutor submits that, if the reasonable time is granted, the respondent No.1-Police Authorities will consider the order of reference dated 19th April, 2024 passed by the learned Magistrate and proceed further in accordance with law. - 5 - NC: 2025:KHC:5612 CRL.P NO.1632 OF 2025 7. In view of the facts and circumstances and the undisputed fact that the learned Magistrate has already referred the matter to the jurisdictional Police Authorities for investigation under Section 156(3) of the Criminal Procedure Code, I deem it appropriate to direct the respondent No.1-Police Authorities to proceed further in accordance with law considering the order dated 19th April, 2024 passed by the learned Magistrate In P.C.R. No.4389/2024 bearing in mind the law declared by Hon'ble Supreme Court in the case of LALITA KUMARI vs. GOVT. OF U.P. AND OTHERS reported in AIR 2014 SC 187 immediately upon receipt of this order without any delay. Ordered accordingly. Accordingly, the criminal petition is disposed of. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 56