- 1 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 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 CRIMINAL PETITION NO. 6196 OF 2025 BETWEEN: 1. SRI. Y.R.SADASIVA REDDY, MEMBER OF BAR COUNCIL, AGED ABOUT 68 YEARS, OFFICE AT NO.118, 2ND FLOOR, AVENUE ROAD CROSS, CUBBBONPET MAIN ROAD, BENGALURU -560 002. 2. SRI. SHAILENDER DUBEY, MEMBER OF BAR COUNCIL, NO.1, SHIVAYATAN, HARI KRISHNA COLONY, BILASAPURA, CHATTISGARH – 495 001. 3. SRI. R.G.HEGDE, MEMBER OF BAR COUNCIL, OLD KGID BUILDING, DR.B.R. AMBEDKAR ROAD, BENGALURU – 560 001. …PETITIONERS (BY SRI. M.R.NANJUNDA GOWDA, ADVOCATE) Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 AND: SRI. SAINATH, ADVOCATE, S/O LATE SRI. R.S.RAMACHANDRA RAO, AGED ABOUT 78 YEARS, OFFICE AT NO.70/3, 1ST FLOOR, SRINIVASA BUILDING, 5TH MAIN, GANDHI NAGAR, BENGALURU – 560 009. …RESPONDENT (BY SRI. ARAVINDA GOWDA PATIL N.P., ADVOCATE) *** THIS CRL.P. IS FILED U/S 482 OF CR.P.C, (U/S 528 BNSS) PRAYING TO i) CALL FOR L.C.R. IN CRL.REV.PET.NO.434/2024 ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ALSO CALL FOR L.C.R. IN P.C.R.NO.10716/2023 ON THE FILE OF THE XLI ADDITIONAL CHIEF JUDICIAL MAGISTRTE, BENGALURU; ii) QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CRL.RP.NO.434/2024, NOW WHICH IS PENDING ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, FOR THE OFFENCES P/U/S 120(B), 463, 464, 465, 469, 470 OF IPC; iii) PASS ANY OTHER ORDER/S AS DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: " i) call for L.C.R. in Crl.Rev.Pet.No.434/2024 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru and also call for L.C.R. in P.C.R.No.10716/2023 on the file of the XLI Additional Chief Judicial Magistrate, Bengaluru; ii) Quash the entire proceedings against the petitioners in Crl.Rp.No.434/2024, now which is pending on the file of the LII Additional City Civil and Sessions Judge, Bengaluru, for the offences p/u/s 120(b), 463, 464, 465, 469, 470 of IPC; iii) pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice." 2. The sole respondent has filed a memo dated 16.06.2025 which reads as under: "MEMO FILED BY THE RESPONDENT STATING NO OBJECTION TO QUASH THE ENTIRE PROCEEDINGS IN REV. PETITION NO.434/2024 ON THE FILES OF - 4 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 LII ADDITIONAL CITY CIVIL AND SESSION JUDGE, BENGALURU AND ALSO THE COGNIZANCE TAKEN IN PCR 10716/2023, BY ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE BENGALURU CONSEQUENT UPON THE UNDERTAKING GIVEN BY THE RESPONDENT BEFORE HON'BLE SUPREME COURT IN CIVIL APPEAL DIARY NO(S) 21497/2025 The Respondent most respectfully submits as follows; 1. The Respondent respectfully submits that, oblivious of very strong case in favour of the Respondent both on merits and in law, the Respondent do not wish to oppose or answer the various false, misleading and irresponsible statements like "the Respondent is a frustrated man etc" made in the above Criminal Petition filed by the petitioners, in view of the undertaking given by the Respondent in the Civil Appeal Diary NO (S) 21497/2025, before the Hon'ble supreme Court on 19/5/2025, under certain circumstances, which is recorded and passed the following orders; "The application seeking permission to appear and argue in person is allowed. The appellant appearing in person states that he has no objection if an application for quashing the complaint and the cognizance order dated 25th September 2023 is allowed and the proceedings are quashed. - 5 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 In view of the statement, which is recorded as undertaking, issue notice on the application for condonation of delay as well as on the Civil Appeal, returnable on 21st July, 2025. It is only in view of the aforesaid undertaking given by the appellant appearing in person that we continue the interim order passed by this court in Civil Appeal No.4637/2023". The said order is produced herewith as Annexure -A The Orders of Hon'ble Supreme Court in Civil Appeal No.4637/2023 as follows; "Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the respondent No.3 Bar Council of India. None appears for the first and the second respondent. It will be open for the appellant to apply for review of the impugned order by invoking Section 44 of the Advocates Act, 1961 within a period of one month from today. If such application for review is made, the Bar Council of India will decide the application as expeditiously as possible. Till the disposal of the application for review, the direction issued to suspend the appellant for a period of two years from practice will remain stayed On the failure of the appellant to apply for review within a period of one month from - 6 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 today, the aforesaid protection will come to an end automatically. With the above directions, the appeal is disposed of. In case the review is not entertained, it will be open for the appellant to file a fresh appeal for challenging the impugned order". The said order is produced herewith as Annexure-B Therefore, the Respondent most respectfully submits that, he has no objection to quash the proceedings in Crl. Pet. No.434/2024 as prayed for in the petition. However, this "no objection" is without prejudice to the Respondent to take any action in accordance with law, in case the petitioners take any advantage, privilege or benefit out of this no objection, for any purposes, other than for quashing the proceedings, as specifically stated." 3. Along with the aforesaid memo, the respondent has filed a copy of the orders dated 18.09.2023 and 19.05.2025 passed by the Hon'ble Apex Court in Civil Appeal No.4637/2023, which is part of the memo, as extracted above. - 7 - HC-KAR NC: 2025:KHC:22329 CRL.P No. 6196 of 2025 4. Under these circumstances, I am of the view that the present proceedings qua petitioners/accused Nos.1 to 3 also deserve to be quashed. 5. In the result petition, I pass the following: ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings pending in Crl.Rev.Pet.No.434/2024,(arising out of P.C.R.No.10716/2023), pending on the file of the LII Additional City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 120(B), 463, 464, 465,469, 470 of IPC, qua the petitioners herein/accused Nos. 1 to 3, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 2 Sl No.: 39