- 1 - NC: 2025:KHC:9100 CRL.P. No.11768/2024 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.11768/2024 BETWEEN: D.S. VENKATESH AGED ABOUT 49 YEARS, S/O SRI. D.C. SHIVANNA LIC AGENT R/O. MULLUSOGE VILLAGE, KUSHALNAGAR TALUK KODAGU DISTRICT. …PETITIONER (BY SRI. HANUMESH H.N. ADV., FOR SRI. RAJATH, ADV.,) AND: BHANUMATHI D.V. AGED ABOUT 42 YEARS W/O MR. D.S. VENKATESH AND D/O LATE RUDRASHETTY R/AT NO.851/1 NEHARU EXTENSION 4TH DIVISION KUSHALNAGAR TALUK KODAGU DISTRICT. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS), PRAYING TO CALL FOR THE ENTIRE RECORDS IN P.C.R.NO.222/2024 ON THE FILE OF HON'BLE CIVIL JUDGE AND JMFC AT KUSHALNAGARA, REGISTERED FOR OFFENCES PUNISHABLE U/S 182, 195 AND 211 OF IPC FILED BY THE PETITIONER. SET ASIDE THE ORDER DATED 20/09/2024 PASSED IN PCR 222/2023 BY THE LEARNED MAGISTRATE IN DISMISSING THE COMPLAINT FILED U/S 200 OF CR.P.C. FILED Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9100 CRL.P. No.11768/2024 BY THE PETITIONER PASSED BY CIVIL JUDGE AND JMFC AT KUSHALNAGAR BY ALLOWING THE PRESENT PETITION, THEREBY RESTORING THE SAME & ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER A private complaint under Section 200 of the Cr.P.C. was filed by the petitioner for offences punishable under Sections 182, 195, and 211 of the IPC. However, the complaint was dismissed for non-prosecution, prompting the petitioner to approach this Court. 2. Heard the learned counsel for the petitioner. 3. Section 195(1)(a)(i) of the Cr.P.C. states that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the IPC, except on a complaint in writing by the concerned public servant or by some other public servant to whom he is administratively subordinate. Similarly, Section 195(1)(b)(i) of the Cr.P.C. states that no Court shall take cognizance of any offence punishable under Sections 193 to 196 of the IPC (both inclusive), except on a complaint in writing by that Court or by such officer of the Court as the Court may authorize in writing, or by some other Court to which that Court is subordinate. - 3 - NC: 2025:KHC:9100 CRL.P. No.11768/2024 4. In light of these specific provisions in Section 195 of the Cr.P.C., the private complaint filed by the petitioner under Section 200 of the Cr.P.C. is not maintainable. Therefore, the complaint is held to be not maintainable. 5. Accordingly, the petition stands disposed of, reserving liberty to the petitioner to approach the appropriate forum under Section 195 of the Cr.P.C. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 14