- 1 - NC: 2025:KHC:2534 CRL.P No. 12567 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12567 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SHIVRAM K AGED ABOUT 60 YEARS, RESIDING AT, SAI CHARAN APARTMENTS, 153/1, G FLOOR, 9TH CROSS, 7TH MAIN, MALLESHWARAM BENGALURU 560 003. …PETITIONER (BY SRI. SIJI MALAYIL.,ADVOCATE) AND: THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL.SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE / QUASH THE ORDER DATED 17.09.2024 IN PCR NO.11486/2024 PASSED BY THE III A.C.J.M NRUPATUNGA ROAD, BENGALURU AND DIRECT REGISTRATION OF FIR PURSUANT TO THE COMPLAINT DATED 07.05.2024 LODGED BY THE PETITIONER WITH THE RESPONDENT NO.1 POLICE AS CONTAINED IN ANNEXURE-E THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2534 CRL.P No. 12567 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in PCR No.11486/2024 is directed against the impugned order dated 17.09.2024, whereby the learned Magistrate declined to refer the matter to the jurisdictional Magistrate under Section 175(4) of the BNSS Act, 2023 and instead, directed the petitioner – complainant to prove his case by examining himself and other witnesses and posted the matter for recording of the sworn statement of the petitioner. 2. Heard learned counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the aforesaid private complaint in PCR No.11486/2024 in order to point out that the petitioner had sought for a direction to the jurisdictional police to investigate the matter under Section 175(4) of the BNSS Act, despite which, the learned Magistrate declined to do so and instead directed the petitioner to prove his case. It is submitted that apart from the fact that the impugned order directing the petitioner to - 3 - NC: 2025:KHC:2534 CRL.P No. 12567 of 2024 prove his case is unreasoned, cryptic and laconic, the learned Magistrate failed to appreciate that having regard to the nature of allegations made by the petitioner, necessary investigation was required under Section 175(3) and (4) of BNSS and consequently, the impugned order deserves to be set aside. 4. Per contra, learned Addl.SPP for the respondent – State submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by the learned counsel for the petitioner, the learned Magistrate erred in passing the impugned order without assigning valid or cogent reasons as to why the petitioner was being directed to examine himself without referring the matter for investigation under Section 175(3) and (4) of the BNSS. It is also relevant to state that having regard to the nature of the allegations made in the private complaint, it would be just and proper to set aside the impugned order and directed the matter back to the learned Magistrate with a direction to refer the matter for investigation under Section 175(3) and (4) of the BNSS and in accordance with law. - 4 - NC: 2025:KHC:2534 CRL.P No. 12567 of 2024 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 17.09.2024 passed in PCR No.11486/2024 by the III ACJM, Bangalore, is hereby set aside. (iii) The trial court is directed to refer the matter for investigation under Section 175(3) and (4) of BNSS Act, 2023 and obtain / secure the report from the respondent – police and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 78