- 1 - NC: 2025:KHC:4112 CRL.P No. 9550 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9550 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: DR N. SIDDAPPA, AGED ABOUT 63 YEARS, S/O. LATE.B.NARAYANAPPA, RESIDING AT NAGASHETTYHALLI VILLAGE, BETHAMANGALA HOBLI, PRESENTLY K.G.F. TALUK, PIN-563113 NOW WORKING AT PRINCIPAL, PATEL PRE-UNIVERSITY COLLEGE, KARIYAMMANA AGRAHARA, BELLANDUR POST, BENGALURU-563 103 …PETITIONER (BY SRI. ANAND R. V., ADVOCATE) AND: MUNIRAJU N., AGED ABOUT 56 YEARS, S/O. LATE.B. NARAYANAPPA AND LATE. SMT. MUNIYAMMA @ MENEMMA, WORKING AS TEACHER, GOVT. DARGA AL-AMEEN SCHOOL, KOLAR, RESIDING AT ’SIDDESHWARA NILAYA', 8TH CROSS, JAYANAGAR, KOLAR TOWN-563 101 …RESPONDENT (BY SRI. VISHWANATHA K., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4112 CRL.P No. 9550 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET-ASIDE THE ORDER DATED 16.12.2023 PASSED IN PCR NO. 178/2023 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC, KGF AND RESTORE THE SAME. 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 In this petition, petitioner seeks the following reliefs: “a) Call for records in PCR No.178/2023 on the file of Addl. Senior Civil Judge and JMFC, KGF; b) Set-aside the order dated 16.12.2023 passed in PCR No.178/2023 on the file of Addl. Senior Civil Judge and JMFC, KGF and restore the same; c) Pass any such order/s as this Hon’ble Court may deem fit in the interest of justice and equity.” 2. A perusal of the material on record will indicate that the petitioner - complainant filed PCR No.178/2023 against the respondent - sole accused requesting the trial Court to refer the matter for investigation under Section 156(3) Cr.P.C for the alleged offences punishable under Sections 419, 420, 465, 467, 468 and 471 of IPC. It is the grievance of the petitioner that without - 3 - NC: 2025:KHC:4112 CRL.P No. 9550 of 2024 recording sworn statement and providing an opportunity to examine the witnesses and producing the documents, the trial Court has summarily rejected the complaint by passing the impugned order and has not even referred the matter to investigation under Section 156(3) of Cr.P.C, aggrieved by which, the petitioner is before this Court by way of the present petition. 3. Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed. 4. As rightly contended by learned counsel for the petitioner, in the light of the specific prayer sought for by the petitioner for reference of the matter to the Jurisdictional Police Authorities for investigation under Section 156(3) of Cr.P.C, it was incumbent upon the trial Court to pass an order in accordance with law either referring the matter for investigation under Section 156(3) of Cr.P.C or record the sworn statement of the petitioner and provide him an opportunity to examine witnesses and produce documents and proceed further instead of / rather than summarily rejecting the private complaint which is contrary to law. - 4 - NC: 2025:KHC:4112 CRL.P No. 9550 of 2024 5. Consequently, I am of the considered opinion that the impugned order passed by the trial Court deserves to be set aside and the matter be remitted back to the trial Court for reconsideration afresh by issuing certain directions. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 16.12.2023 passed in PCR No.178/2023 on the file of Addl. Senior Civil Judge and JMFC, KGF is hereby set aside. iii) The matter is remitted back to the trial Court for reconsideration afresh in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 42