- 1 - HC-KAR NC: 2025:KHC:21248 CRL.P No. 8106 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8106 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MAKSUD ANWAR KHAN S/O. ANWAR KHAN, AGED ABOUT 33 YEARS, MAHAL KINHOLA, WADOD BAJAR, AURANGABAD MAHARASHTRA – 431 134. …PETITIONER (BY SRI. KALEEM SABIR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THILAKNAGAR POLICE STATION, BANGALORE – 560 041. 2. MR. NATARAJ K S/O LATE KRISHNEGOWDA, AGED ABOUT 54 YEARS, RAJIV GANDHI UNIVERSITY OF HEALTH, SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041 (BOTH ARE REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001) …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.8/2025 OF THILAKNAGAR P.S. BENGALURU AND ALL FURTHER PROCEEDINGS WHICH IS REGISTERED FOR THE OFFENCES P/U/S 419, 420, 465, 467, 34 OF IPC AS PER ANNEXURE-A WHICH IS PENDING ON THE FILE OF HON’BLE C.J.M (CMM) NRUPATHUNGA ROAD, BENGALURU CITY AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21248 CRL.P No. 8106 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “ a) Quash the FIR registered in Crime No.08/2025 of Thilaknagar Police Station, Bangalore, and all further proceedings, which is registered for offences under Sections 419, 420, 465, 467, 34 of IPC as per Annexure-A, which is pending on the file of Hon’ble Chief Judicial Magistrate (CMM), Nrupathunga Road, Bangalore city, as an abuse of process of law. b) Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the ends of justice.” 2. Learned counsel for the petitioner submits that petitioner has not been arraigned as an accused in FIR in Crime No.8/2025 and that notice at Annexure – C dated 16.03.2025 having been issued on 16.03.2025 under Section 35(3) BNSS has lapsed and the respondents may be directed to close the proceedings as against the petitioner, in accordance with law. - 3 - HC-KAR NC: 2025:KHC:21248 CRL.P No. 8106 of 2025 3. Per contra, learned HCGP submits that the respondents may be permitted to proceed further in accordance with law. 4. In view of the aforesaid facts and circumstances and undisputed fact that the petitioner is not arraigned as an accused person in the FIR coupled with the fact that notice under Section 35(3) BNSS issued as long back as on 16.03.2025 has lapsed due to efflux of time, petition stands disposed of reserving liberty in favour of respondent No.1 to take appropriate action against the petitioner, in accordance with law, if not already done as on today, in accordance with law. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 99