Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9101 CRL.P No.11531/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.11531/2024
BETWEEN:
1.
KUMARASWAMY M.S.
S/O SIDDARAMAPPA AGED ABOUT 51 YEARS R/AT NO.477, 3RD CROSS ROYAL COUNTY, NEAR ROYAL COUNTY PARK J.P NAGAR STH PHASE, GOTTIGERE BENGALURU-560083.
2.
SANTHOSH KUMAR SRINIVASA S/O SRINIVASA AGED ABOUT 49 YEARS R/AT NO.68, 3RD MAIN , 4TH CROSS BASAVAPURA MAIN ROAD DUO CITY AND SOUTH COUNTY LAYOUT BENGALURU-560100. …PETITIONERS (BY SRI. CHANDRAMOULI, SR. ADV., FOR SRI. RAJATH, ADV.,)
AND:
1.
STATE OF KARNATAKA BY THE POLICE OF KONANAKUNTE P.S.
REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.
SRI. PUSHPARAJ, S/O LATE K. KANNAN AGED ABOUT 51 YEARS R/AT E-201, G.R. LAVENDER APARTMENT
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9101 CRL.P No.11531/2024
KOTHANUR MAIN ROAD, J.P NAGAR 7TH PHASE BENGALURU-560076. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) PRAYING TO PASS AN ORDER, QUASHING THE FIR IN CR.NO.374/2024 REGISTERED BY THE RESPONDENT NO.1 KONANKUNTE P.S., FOR THE ALLEGED OFFENCES P/U/S 403, 406, 420, 465, 468 R/W 120(B) OF IPC, PENDING BEFORE THE LD. IV ACMM, BENGALURU IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Heard Sri Chandramouli, learned Senior Counsel representing the petitioners, and Sri Rajath Subramanya, learned HCGP for respondent No.1 - State.
2. Respondent No.2 filed a private complaint under Section 200 of the Cr.P.C. The learned Magistrate referred the complaint to the police for investigation under Section 156(3) of the Cr.P.C. Accordingly, the police registered an FIR for offences punishable under Sections 403, 406, 420, 465, and 468 read with Section 120B of the IPC. After completing the investigation, the police submitted a ‘B’ report before the jurisdictional Magistrate.
3. Subsequently, the learned Magistrate issued a notice to the complainant, directing him to file a protest
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NC: 2025:KHC:9101 CRL.P No.11531/2024
petition, if any. The petitioners’ grievance is that, after being served with the notice, the complainant appeared and sought time to file the protest petition. The petitioners contend that due to the pendency of the impugned FIR even after the filing of the ‘B’ report, their company is facing prejudice and hardship.
4. Therefore, it is appropriate to dispose of the petition with a direction to the IV Additional Chief Metropolitan Magistrate, Bengaluru, to pass an appropriate
order on the ‘B’ report submitted by respondent No.1 - Konanakunte Police Station in Crime No. 374/2024 within two months from the date of receipt of a copy of this
order. With the above direction, the petition is disposed of.
5. It is needless to state that the petitioners are at liberty to challenge the order in the event that the ‘B’ report is rejected. All contentions of the parties are kept open.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BSR List No.: 1 Sl No.: 13