- 1 - HC-KAR NC: 2025:KHC:18749 CRL.P No. 2542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2542 OF 2025 BETWEEN: SRIMANU PRASAD AGED ABOUT 49 YEARS, S/O LATE SRI. NAGARAJU RESIDING AT NO. 245, 11th CROSS, BEML LAYOUT, BASAVESHWARA NAGARA, BANGALORE-560 079. …PETITIONER (BY SRI. VAGEESHA N, ADVOCATE) AND: 1. MS.MUBEENA W/O LATE FAZLU AGED ABOUT 56 YEARS, 2. MR. ALTHAF S/O LATE FAZLU AGED ABOUT 42 YEARS, 3. MR. RUHULLA S/O LATE FAZLU AGED ABOUT 37 YEARS, 4. SRI. MUSTHAFA S/O MR. ANWAR SAB AGED ABOUT 61 YEARS, THE RESPONDENTS NO.1 TO 4 ARE RESIDING AT Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18749 CRL.P No. 2542 of 2025 GOPALADEVARAHALLI VILLAGE, BUKKAPATTANA HOBLI, SIRA TALUK, TUMAKURU DISTRICT -572 125 5. MR. B R RANGANATH ADVOCATE REGISTRATION NO. KAR/348/2013 S/O SRI. RANGASWAMY AGED ABOUT 35 YEARS, RESIDING AT N H -4 KALLAMBELLA VILLAGE, SIRA TALUK, TUMKUR DISTRICT -572 125. 6. MR. SANNAKAREGOWDA ADVOCATE ENROLMENT NO. KAR/1379/2009 S/O SRI. THIMMAIHA AGED ABOUT 39 YEARS, RESIDING AT BENCHE VILLAGE, GOPALADEVARAHALLI POST, SIRA TALUK, TUMKUR DISTRICT -572 117. …RESPONDENTS (BY SRI. NAGARAJA S, ADVOCATE FOR R1 TO R4 R5 & R6 - NOTICE IS DISPENSED WITH VIDE ORDER DATED 24.03.2025) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 31/01/2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SIRA, IN PCR NO.10/2024 THEREBY TAKING SUO MOTO COGNIZANCE OF THE ALLEGED COMMISSION OF O/U/S 61(2), 318, 319, 336, 340 R/W 3(1) OF BNS, AGAINST THE PETITIONER, PRODUCED AT ANNEXURE K. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:18749 CRL.P No. 2542 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs: "1. Quash the order dated 31/01/2025 passed by the Senior Civil Judge and JMFC, Sira, in P.C.R. No. 10/2024 thereby taking suo moto cognizance of the alleged commission of offences under section 61 (2), 318, 319, 336, 340 read with section 3 (1) of Bharatiya Nyaya Sanhita, against the petitioner, produced at ANNEXURE 'K' 2. Pass such other order/orders as this Hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice." 2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 to 4 and perused the material on record. 3. A perusal of the material on record will indicate that the respondents-complainants filed a private complaint in PCR No.10/2024 against one B.R.Ranganath accused No.1 and Sannakaregowda-accused No.2 before the learned Magistrate. In this context, it is pertinent to note that the petitioner herein was neither arraigned as accused person in the aforesaid PCR No.10/2024 nor are there any allegations made against the - 4 - HC-KAR NC: 2025:KHC:18749 CRL.P No. 2542 of 2025 petitioner herein in the said private complaint. Despite this, learned Magistrate proceeded to pass the impugned order dated 31.01.2025 directing issuance of notice to the petitioner herein in terms of the proviso to Section 223(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 and as such, the petitioner is before this Court by way of the present petition. 4. A perusal of the aforesaid facts and circumstances and material on record, in particular the undisputed fact that the petitioner has not been arraigned as accused person in PCR No.10/2024 coupled with the fact that bare perusal of the averments/allegations made in the said private complaint will clearly indicate that there are no allegations made against the petitioner herein, I am of the considered opinion that the learned Magistrate clearly fell in error in directing issuance of notice to the petitioner in terms of the proviso to Section 223(1) of BNS, 2023 and consequently, the impugned order dated 31.01.2025 qua the petitioner deserves to be quashed. 5. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:18749 CRL.P No. 2542 of 2025 ii) The impugned order dated 31.01.2025 passed in PCR No.10/2024 by the Senior Civil Judge and JMFC, Sira is hereby quashed. iii) The learned Magistrate is directed to proceed further against the accused persons in PCR No.10/2024 in accordance with law as expeditiously as possible. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 23