- 1 - HC-KAR NC: 2025:KHC:22360 WP No. 5335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5335 OF 2025 (GM-RES) BETWEEN: FAIROZ AHMED, S/O LATE MOHAMMED FAZAL, AGED ABOUT 37 YEARS, R/A NO.91, JUMMA MASJID ROAD, OPH ROAD, SHIVAJINAGAR, BENGALURU – 560 051 …PETITIONER (BY SRI. SKANDA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SHIVAJINAGAR POLICE STATION, BROADWAY ROAD, BANGALORE 2. ASIYA BI, W/O LATE SYED NOOR AHMED, AGED ABOUT 66 YEARS, 3. KAUSAR D/O LATE SYED NOOR AHMED, AGED ABOUT 42 YEARS 4. TASKEEN, D/O LATE SYED NOOR AHMED, AGED ABOUT 40 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22360 WP No. 5335 of 2025 5. TOWSEEF, S/O LATE SYED NOOR AHMED, AGED ABOUT 36 YEARS, ALL R/AT R/A NO. 2/24, 'L' NO. 5TH STREET, JUMMA MASJID ROAD CROSS, SHIVAJINAGAR, BENGALURU – 560 001 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 VIDE ORDER DATED 25.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS WP IS FILED UNDER 226 OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO CALL FOR RECORDS AND SET-ASIDE THE ORDER DATED 30.11.2024 PASSED BY THE LEARNED X ADDL CHIEF JUDICIAL MAGISTRATE AT BENGALURU THEREBY DISMISSING THE PRIVATE COMPLAINT FILED BY THE PETITIONER UNDER IN P.C.R.NO.54418/2022 AT ANNEXURE-D. 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 In this petition, petitioner seeks for the following reliefs: “a) Call for records, b) Set aside the order dated 30.11.2024 passed by the Learned X Additional Chief Judicial Magistrate, Bengaluru, thereby dismissing the Private Complaint filed by the petitioner under in P.C.R.No.54418/2022 at Annexure-D. - 3 - HC-KAR NC: 2025:KHC:22360 WP No. 5335 of 2025 c) Pass an order by granting liberty to file protest petition to the petitioners. d) Pass such orders as deemed fit in the circumstances of the above case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. 3. For the order proposed, notice to respondent Nos.2, 3, 4 and 5 are dispensed with. 4. A perusal of the material on record will indicate that pursuant to the private complaint filed by the petitioner in PCR No.54418/2022, learned Magistrate referred the matter for investigation to the Police Authorities on 16.08.2022, which culminated in ‘B’ report dated 15.02.2024, which was submitted by learned Magistrate. By the impugned order dated 30.11.2024, learned Magistrate accepted the ‘B’ report and closed the proceedings. Aggrieved by which, the petitioner is before this Court by way of the present petition. 5. Learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, - 4 - HC-KAR NC: 2025:KHC:22360 WP No. 5335 of 2025 petitioner could not file protest petition to the ‘B’ report and as such, if the order dated 30.11.2024 is set aside and matter is remitted back to the learned Magistrate for reconsideration afresh, petitioner would file protest petition, which may be directed to be considered by the learned Magistrate in accordance with law. 6. The aforesaid submission is placed on record. 7. A perusal of the material on record will indicate that the Trial Court has recorded a finding that the petitioner has not filed any Protest Petition. In view of the specific assertion with regard to the inability and omission on the part of the petitioner to file protest petition to the ‘B’ report was due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice oriented approach to dispose of the petition by setting aside the order dated 30.11.2024 and remit the matter back to the respondent for reconsideration afresh in accordance with law. 8. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:22360 WP No. 5335 of 2025 ii) The impugned order dated 30.11.2024 passed in P.C.R.No.54418/2022 on the file of the X Additional Chief Judicial Magistrate, Bengaluru is hereby set aside. iii) The matter is remitted back to learned Magistrate for reconsideration afresh in accordance with law. iv) Liberty is reserved in favour of the petitioner to file protest petition to the ‘B’ report. v) Petitioner is directed to appear before the learned Magistrate on 07.07.2025 without awaiting further notice from the learned Magistrate. On that day, he shall file protest petition along with necessary documents, if any. vi) Learned Magistrate shall thereafter consider the protest petition filed by the petitioner and pass necessary orders in accordance with law. vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 79