Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:14326 CRL.P No. 2014 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2014 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SMT. MARY NAVEENA P W/O MADHUSUDHAN JAYARAMU, AGED ABOUT 45 YEARS, RESIDENT OF C/O MR. BABU DEVAMIRTHAM, FLAT S3, VELACHERY MAIN ROAD, EAST TAMBARAM, (BEHIND JAZZ PARTY HALL), CHENNAI - 600 059. …PETITIONER (BY SRI. DINESH RAO N., ADVOCATE)
AND:
STATE OF KARNATAKA REPRESENTED BY SRIRANGAPATANA POLICE, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO A). PERUSE THE LEGALITY AND CORRECTNESS OF THE ACCEPTANCE OF B REPORT IN CRIME NO.204/2022, ON THE FILE OF THE HON'BLE THE ADDITIONAL CIVIL JUDGE AND JMFC S.R PATNA, AND SET ASIDE THE SAID
ORDER DATED:21.07.2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by K G RENUKAMBA Location: High Court Of Karnatka
- 2 -
NC: 2025:KHC:14326 CRL.P No. 2014 of 2025
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER
1. The Learned High Court Government Pleader accepts notice on behalf of the respondent/State.
2. The petitioner lodged the First Information Report in Crime No. 204/2022 for offences punishable under Sections 354(D) and 34 of the IPC on 27.10.2022.
3. After investigation, the police submitted a ‘B’ report. The Trial Court accepted the ‘B’ report on the ground that the petitioner had not filed a protest petition.
4.
Learned counsel for the petitioner submitted that no notice was served on the petitioner by the Trial Court before accepting the ‘B’ report. Therefore, the order violates the principles of natural justice and disregards the directions issued by this Court in Dr. Ravikumar v. Mrs. K.M.C. Vasantha & Anr.
(ILR 2018 KAR 1725).
5. A perusal of the impugned order indicates that the learned Magistrate accepted the ‘B’ report, noting that the petitioner, though allegedly served with notice, had not filed a protest petition. However, the petitioner asserts that no such notice was served. In any event, the learned Magistrate ought to have passed a reasoned order either accepting or rejecting the ‘B’ report on its merits. In the instant case, no reasons were assigned for accepting the ‘B’ report, which is contrary to the guidelines laid down by this Court in Dr. Ravikumar v. Mrs. K.M.C. Vasantha & Anr.
- 3 -
NC: 2025:KHC:14326 CRL.P No. 2014 of 2025
6. Accordingly petition is allowed.
7. The impugned order in dated 21.07.2023 passed by the Additional Civil Judge and JMFC, Srirangapatna in Crime No.204/2022 is hereby set aside.
8. Learned Magistrate to pass an appropriate order strictly in accordance with the guidelines issued by this court in the case stated supra after affording an opportunity of hearing to the petitioner.
9. The petitioner to appear before Trial Court on 29.4.2024 without waiting for further notice from the court.
10. Pending interlocutory applications does not survive for
consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
AKV List No.: 1 Sl No.: 6 CT:SK