- 1 - NC: 2025:KHC:6896 CRL.P NO.12774 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.12774 OF 2024 BETWEEN: SHARADA SHIVRAM W/O SHIVRAM K., AGED ABOUT 58 YEARS, R/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 THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI. THEJESH P., HCGP ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE (U/S 528 BNNS), PRAYING TO SET-ASIDE THE ORDER DATED 17.09.2024 IN PCR NO.11489/2024 PASSED BY THE III ADDITIONAL CHIEF JUDICIAL MAGISTRATE, NRUPATUNGA ROAD, BENGALURU AND DIRECT REGISTRATION OF FIRST INFORMATION REPORT PURSUANT TO THE COMPLAINT DATED 07.05.2024 LODGED BY THE PETITIONER WITH THE RESPONDENT-POLICE AS CONTAINED IN ANNEXURE-G. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6896 CRL.P NO.12774 OF 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in PCR No.11489/2024 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and instead, directed the petitioner–complainant to prove her case by examining herself 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 High Court Government Pleader 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.11489/2024 in order to point out that the petitioner had sought for a direction to the jurisdictional police to - 3 - NC: 2025:KHC:6896 CRL.P NO.12774 OF 2024 investigate the matter under Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite which, the learned Magistrate declined to do so and instead directed the petitioner to prove her case. It is submitted that apart from the fact that the impugned order directing the petitioner to prove her 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 Bharatiya Nagarik Suraksha Sanhita and consequently, the impugned order deserves to be set-aside. 4. Per contra, learned High Court Government Pleader 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 herself without referring the matter for investigation under Section 175(3) and (4) of the Bharatiya Nagarik Suraksha Sanhita. It is also relevant to state that having regard to the nature of the allegations made in the private - 4 - NC: 2025:KHC:6896 CRL.P NO.12774 OF 2024 complaint, it would be just and proper to set-aside the impugned order and remit the matter back to the learned Magistrate with a direction to refer the matter for investigation under Section 175(3) and (4) of the Bharatiya Nagarik Suraksha Sanhita in accordance with law. 6. In the result, I pass the following:- O R D E R (i) Petition is hereby allowed. (ii) The impugned order dated 17.09.2024 passed in PCR No.11489/2024 by the III Additional Chief Judicial Magistrate, Bengaluru is hereby set- aside. (iii) The trial court is directed to refer the matter for investigation under Section 175(3) and (4) of Bharatiya Nagarik Suraksha Sanhita, 2023 and obtain/secure the report from the respondent– Police and proceed further in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 35