- 1 - NC: 2025:KHC:4892 CRL.P No. 9220 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9220 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SMT GANGAMBIKE D/O LATE THIMMARAYAPPA, AGED ABOUT 41 YEARS, 2. SMT. KALAVATHI D/O LATE THIMMARAYAPPA, AGED ABOUT 34 YEARS, BOTH ARE R/AT BHAKTHARAHALLI VILLAGE SASALU HOBLI, DODDABALLAPURA TALUK 561204 …PETITIONERS (BY SRI. ABHISHEK KUMAR AND PADMANABHA J., FOR SRI LOKESH C., ADVOCATES) AND: 1. STATE OF KARNATAKA BY DODDABELAVANGALA POLICE RERPESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001 2. MUNITHIMMAIAH, S/O LATE MUNIVENKATAPPA, AGED ABOUT 66 YEARS, R/AT BHAKTHARAHALLI VILLAGE SASALU HOBLI, DODDABALLAPURA TALUK 561204 …RESPONDENTS (BY SRI. THEJESH P., ADV. FOR R1) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4892 CRL.P No. 9220 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 30.12.2023 IN PCR NO.189/2023 AND FIR AND PRIVATE COMPLAINT IN CR.NO.187/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 417, 420, 147, 149, 143, 34 OF IPC REGISTERED BY THE RESPONDENT NO.1 DODDABELAVANGALA POLICE STATION AT ANNEXURE A AND B BEFORE THE HON’BLE ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C DODDABALLAPURA, BENGALURU RURAL. THIS PETITION, COMING ON FOR ORDERS, 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: “Wherefore, the petitioners named above prays that this Hon’ble Court may be pleased to set aside the order dated 30.12.2023 in P.C.R No.189/2023 and FIR and Private Complaint in Crime No.187/2023 for the offence punishable under Sections 417, 420, 147, 149, 143 and 34 of IPC registered by the respondent No.1 Doddabelavangala Police Station at Annexure – A and B before the Hon’ble Additional Civil Judge (Jr.Dn) and JMFC Doddaballapura, Bengaluru Rural, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed the instant PCR No.189/2023 which was referred to by the learned Magistrate under Section - 3 - NC: 2025:KHC:4892 CRL.P No. 9220 of 2024 156(3) of Cr.P.C pursuant to which FIR in Crime No.187/2023 was registered. Learned counsel for the petitioner invited my attention to the impugned order passed by learned Magistrate directing investigation under Section 156(3) in order to point out that there was no absolute application of mind on the part of the learned Magistrate before referring the matter for investigation. It is also submitted that in the absence of necessary affidavit accompanying the private complaint in PCR as held by this Court in the case of Priyanka Srivastava & Anr Vs. State of Uttar Pradesh and others reported in (2015) 6 SCC 287, the impugned proceedings deserves to be quashed. 4. A perusal of the material on record will indicate that prior to referring the matter for investigation under Section 156(3) of Cr.P.C., learned Magistrate has passed cryptic, laconic and unreasoned order without application of mind and in addition to the fact that the mandatory affidavit as required in Priyanka Srivastava (supra) having not been filed, I am of the opinion that the impugned proceedings deserves to be quashed. 5. In the result, I proceed to pass the following: - 4 - NC: 2025:KHC:4892 CRL.P No. 9220 of 2024 ORDER i) The petition is hereby allowed. ii) The impugned proceedings in P.C.R. No.189/2023 and FIR and Private Complaint in Crime No.187/2023 for the offences punishable under Sections 417, 420, 147, 149, 143 and 34 of IPC registered by Doddabelavangala Police Station on the file of Additional Civil Judge (Jr.Dn) and JMFC Doddaballapura, Bengaluru Rural, insofar as petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 69