- 1 - HC-KAR NC: 2025:KHC:20912 CRL.P No. 3863 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3863 OF 2024 BETWEEN: SRI. S. PRATHAP SON OF LATE G. SELVARAJAN, AGED ABOUT 50 YEARS, R/AT 401, TEJASWINI ENCLAVE, NO.33/1, II CROSS, THYAGARAJ LAYOUT, JAI BHARATH NAGAR BANGALORE - 560033. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANASWADI POLICE STATION, REP. BY SPP GOVT. OF KARNATAA, HIGH COURT BUILDING, BENGALURU - 560001. 2. MRS. S. MALINI WIFE OF S. SUKUMAR, AGED ABOUT 56 YEARS, RESIDING AT # 605, III MAIN OPP. BWSSB WATER TANK OHBR LAYOUT BANGALORE - 560 016. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. VENKATESH, ADV. FOR R2) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20912 CRL.P No. 3863 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.29304/2018 IN CRL.MISC.NO.663/2011 BY BANASAWADI P.S., ON THE FILE OF THE IV ACMM AT BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 406,420 OF IPC IN CR.NO.663/2011 BY THE BANASWADI POLICE AS PER ANNEXURE A BY ALLOWING THE ABOVE PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.29304/2018 on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru is directed against the impugned order dated 12.07.2018, whereby the ‘B’ report submitted by respondent No.1 - Police was rejected by the learned Magistrate, which directed cognizance to be taken against the petitioner for offences punishable under Sections 406 and 420 of the IPC and directed issuance of summons to the petitioner, who is before this court by way of the present petition. 2. Heard the learned counsel for the petitioner, the learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:20912 CRL.P No. 3863 of 2024 3. On perusal of the material on record will indicate that respondent No.2 - complainant filed the instant complaint dated 26.12.2011 against the petitioner, which was registered as an FIR in Crime No.663/2011 for offences punishable under Sections 406 and 420 of the IPC. Respondent No.1 - Police conducted investigation and filed a ‘B’ report and submitted the same before the learned Magistrate and issued notice to respondent No.2, who filed his protest petition on 13.03.2014. Thereafter, the learned Magistrate recorded the sworn statement of respondent No.2 - complainant as CW.1 and got marked exhibits Ex.C1 to C21 and proceeded to pass the impugned order accepting the protest petition and rejecting the ‘B’ report and consequently taking cognizance of the offences against the petitioner punishable under Sections 406 and 420 of the IPC and issuing summons to the petitioner, who is before this Court by way of the present petition. 4. A perusal of the material on record including the impugned order will indicate that before rejecting the ‘B’ report and accepting the protest petition filed by respondent No.2, absolutely no reasons whatsoever are assigned by the learned Magistrate - 4 - HC-KAR NC: 2025:KHC:20912 CRL.P No. 3863 of 2024 except stating that the sworn statement of the complainant indicates that prima facie materials to proceed against the petitioner was not placed and proper investigation had not been done; in the other words, the impugned order does not disclose any application of mind and on the other hand, the same is an unreasoned, cryptic, non-speaking and laconic order without assigning any cogent or valid reasons as to why the ‘B’ report was being rejected and the protest petition was being accepted and consequently, I am of the view that the impugned order passed by the trial Court rejecting the ‘B’ report and accepting the protest petition deserves to be set aside and the matter is remitted back to the trial Court for reconsideration afresh in accordance with law. 5. In the result: ORDER i) The Criminal Petition is partly allowed; ii) The impugned order dated 12.07.2018 passed by the IV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.29304/2018, is hereby set aside; - 5 - HC-KAR NC: 2025:KHC:20912 CRL.P No. 3863 of 2024 iii) Matter is remitted back to the trial Court for reconsideration afresh in accordance with law bearing in mind the observations made in this order; and iv) The trial Court is directed to reconsider the 'B' report and protest petition and pass appropriate orders, in accordance with law, within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 12