- 1 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.12761 OF 2023 BETWEEN: SRI. S. PRATHAP S/O LATE G. SELVARAJAN, AGED ABOUT 50 YEARS, R/AT NO.401, TEJASWINI ENCLAVE, 4TH CROSS, THYAGARAJA LAYOUT, JAI BHARATH NAGAR, BENGALURU - 560 033. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION, REP. BY S.P.P., GOVERNMENT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MRS. S. MALINI W/O S. SUKUMAR, AGED ABOUT 56 YEARS, R/AT NO 1, NEELAMEGA, 1ST MAIN, 5TH CROSS, UDAYANAGAR, DOORVANI NAGAR POST, BENGALURU - 560 016. 3. MR. S. SUKUMAR S/O SUNDARA MUDALIAR, AGED ABOUT 64 YEARS, R/AT NO.1, NEELAMEGA, 1ST MAIN, 5TH CROSS, Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 UDAYANAGAR, DOORVANI NAGAR POST, BENGALURU - 560 016. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. S.P.P, FOR R1; SRI. B.C. VENKATESH, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.53651/2023 ON THE FILE OF XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 323 AND 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE IN CRIME NO.278/2022 BY THE MAHADEVAPURA POLICE STATION, BENGALURU AS PER ANNEXURE-A. 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 This petition is by the accused No.4 in C.C. No.53651/2023 pending on the file of the XXIX Additional Chief Metropolitan Magistrate, Bengaluru seeking to quash the criminal proceedings initiated against him. 2. Heard learned counsel for the petitioner; learned Additional Special Public Prosecutor for the respondent No.1; and learned counsel for respondents 2 and 3. 3. A perusal of the material on record will indicate that the respondent Nos.2 and 3 have filed P.C.R. No.55450/2022 before - 3 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 the learned Magistrate and the cause title of the aforesaid P.C.R. reads as under: "IN THE COURT OF 29TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU P.C.R. 55450/2023 IN C.C.NO.---------/2022 BETWEEN: 1. Mrs. S.Malini W/o S. Sukumar Aged about 55 years. 2. Sri. S.Sukumar S/o Sundara Mudaliar Aged about 62 years, Both are residing at #1, Neelamega, 1st Main, 5th Cross, Udayanagar, Bangalore - 560 016. …… Complainants AND: 1. Sri. S. Mahendra Babu S/o Late G. Selvarajan Aged about 51 years. 2. Smt. M. Pavithra W/o S. Mahendra Babu, Aged about 46 years. 3. Sri. Jaideep S/o S. Mahendra Babu, Aged about 21 years. Accused No.1 to 3 are residing at "Selva Nilayam", 1st Floor, 1st Main, 5th Cross, Udayanagara, Bangalore - 560 016. .…. Accused" - 4 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 4. As is clear from the aforesaid cause title in P.C.R. No.55450/2022, the petitioner herein is not shown/arraigned as accused person to the said P.C.R. Despite the same, the respondent No.1-Police Authorities have proceeded to arraign the petitioner as accused No.4, which is contrary to the order dated 03rd September, 2022 passed by the learned Magistrate, referring the matter for investigation only in respect of accused Nos.1 to 3 as can be seen from the said order, which reads as under: "This complaint filed by the complainant against the accused No.1 to 3. It is the allegation of the complainant is that the accused persons illegally trespassed into the house of the father of the complainant No.1 and when the complainant questioned the same. The accused persons picked quarrel with them and abused with filthy language and assaulted with hands and also given life threat. The jurisdictional police have not taken any action in this matter. Hence, this complainant. Heard the complainant and perused the materials placed on record. This is a fit case for referring the matter to the jurisdictional police for investigation. Hence, acting under Section 156(3) of Cr. PC this case is referred to SHO of Mahadevapura Police Station for investigation who shall submit the report on or before the next date of hearing Await report by 19.09.2022." 5. A conjoint reading of P.C.R. and order dated 03rd September, 2022 will indicate that the said P.C.R. was filed only as - 5 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 against the accused Nos.1 to 3 and the learned Magistrate referred the matter for investigation only in respect of accused Nos.1 to 3 and not against the petitioner who has been erroneously arraigned as accused No.4 in F.I.R in Crime No.278/2022, though the petitioner herein has not been arraigned as accused No.4 in P.C.R. No.55450/2022 nor the learned Magistrate had referred the matter for investigation under Section 156(3) of the Criminal Procedure Code against the petitioner-accused No.4. 6. Under these circumstances, the entire impugned proceedings arising out of P.C.R. No.55450/2022 to which the petitioner has not been arraigned as accused person nor the order of the learned Magistrate dated 03rd September, 2022, which is restricted to accused Nos.1 to 3, are not maintainable and continuation of the same would amount to abuse of process of law warranting interference by this Court in the present petition. 7. It is needless to state that, liberty will have to be reserved in favour of the respondents to take recourse such remedy as available under law against the petitioner-accused No.4 in accordance with law. 8. In the result, I pass the following: - 6 - NC: 2025:KHC:3173 CRL.P NO.12761 OF 2023 O R D E R 1) Criminal Petition is allowed; 2) The Criminal Proceedings in C.C. No.53651/2023 pending on the file of the XXIX Additional Chief Metropolitan Magistrate, Bengaluru qua the petitioner-accused No.4 for the offences punishable under Sections 504, 323, 506 read with Section 34 of the Indian Penal Code arising out of Crime No.278/2022 registered by Mahadevapura Police Station, Bengaluru are hereby quashed; 3) Liberty is reserved in favour of the respondents to take recourse such remedy as available under law against the petitioner-accused No.4 in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 22