- 1 - NC: 2025:KHC:6242 WP No. 4035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4035 OF 2025 (GM-CPC) BETWEEN: K. GANESH BABU, S/O LATE KRISHNAMURTHY, AGED ABOUT 61 YEARS, R/AT NO 26/1-1, CHAITHANYA, 2ND CROSS, M.T. LAYOUT, BEHIND MES COLLEGE, 13H CROSS, MALLESWARAM, BANGALORE - 560 053. ALSO AT NO. 23, GROUND FLOOR, MODEL LIC HOUSING COLONY, BASAVESHWARNAGAR, BENGALURU - 560 079. …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. SMT. KUSUMA KUMARI, AGED ABOUT 71 YEARS, W/O LATE SRI. S. VENKATESHWARLU, REPRESENTED BY GPA OLDER SRI. S. SRAVAN CHITANYA, S/O LATE SRI. S. VENKATESHWARLU, AGED ABOUT 41 YEARS, R/AT NO. 189/A, MLA COLONY ROAD, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6242 WP No. 4035 of 2025 NO. 12, BANJARA HILLS, HYDERABAD - 500 034. 2. SRI. B.G. CHENNNAPPA, AGED ABOUT 72 YEARS 3. SRI. HARSHA VARDHA AGED ABOUT 53 YEARS BOTH RESIDENT OF 17/2 OMKARNAGAR, GANKAL VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK. 4. DR. HAFEEZUR RAHMAN AGED ABOUT 88 YEARS S/O LATE A. ABDUL AZEEZ 5. MR. SHAFEEQUR RAHMAN AGED ABOUT 82 YEARS S/O LATE A. ABDUIL AZEEZ BOTH RESIDENTS OF NO. 599 MINA, 2ND MAIN, TEACHERS COLONY, KORAMANGALA, BANGALORE - 560 034. 6. MR. NAZEEBUR RAHMAN, AGED ABOUT 74 YEARS, S/O LATE A. ABDUL AZEEZ, R/AT AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT - 573 101. 7. SMT. KAMARUNNISA, AGED ABOUT 99 YEARS, D/O LATE A. ABDUL AZEEZ, - 3 - NC: 2025:KHC:6242 WP No. 4035 of 2025 W/O LATE ABDUL GANI 8. SMT. FARHATH HAYATH, AGED ABOUT 60 YEARS, D/O LATE A. ABDUL AZEEZ, W/O LATE C.R. MOHD HAYATH BOTH RESIDENTS OF AREHALLI VILLAGE BELUR TALUK, HASSAN DISTRICT - 573 101. REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER MR. NAJEEBUR RAHMAN, S/O LATE A. ABDUL AZEEZ, AGED ABOUT 74 YEARS, R/O AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT - 573 101. 9. SR. SYED AFROZ, AGED ABOUT 75 YEARS, S/O LATE SYED GHOUSE, R/AT AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT - 573 101. 10. SRI. SYED SHERAZ, AGED ABOUT 75 YEARS, S/O LATE SYED GHOUSE, 11. SMT. SAIRA RAFATH AGED ABOUT 59 YEARS D/O LATE SYED GHOUSE AND LATE SMT. RAHAMATHUNNISA, BOTH RESIDENTS OF AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT - 573 101. - 4 - NC: 2025:KHC:6242 WP No. 4035 of 2025 12. SMT. SHIVAMMA K W/O LATE MR. GURUSIDDAPPA AGED ABOUT MAJOR, R/AT BHAVIHAL VILLAGE, NARAGANAHALLI, DAVANAGERE - 577 534. …RESPONDENTS (BY SMT. NALINA MAYEGOWDA, SR. COUNSELADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.01.2025 ON IA NO. 26 IN O.S.NO. 8729/2004 PASSED BY THE V CITY CIVIL AND SESSIONS JUDGE, BENGALURU AT ANNX-G IN WHICH DIRECTING THE OFFICE TO REGISTER A CRIMINAL CASE NO. 684/2025 AGAINST THE PETITIONER HEREIN AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER The learned counsel appearing for the respondents has raised an objection that order which is challenged is passed under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('the BNSS Act' for short). The appeal is provided under Section 380 of the BNSS Act. - 5 - NC: 2025:KHC:6242 WP No. 4035 of 2025 2. The learned counsel appearing for the petitioner seeks permission to convert this writ petition into a criminal appeal. 3. The submission is placed on record. 4. The learned counsel appearing for the petitioner is permitted to convert this writ petition into a criminal appeal. For statistical purpose, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE JY List No.: 1 Sl No.: 1 CT: BHK