- 1 - NC: 2025:KHC:4852 CRL.P No. 13116 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13116 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI.CHETAN KUMAR S/O PASHUPATI AGED ABOUT 43 YEARS R/AT NO 1910, 4TH CROSS SHUBASHNAGAR MANDYA 570401 2. SMT SHANTHAMMA W/O PASHUPATHI AGED ABOUT 66 YEARS R/AT NO 1910, 4TH CROSS SHUBASHNAGAR MANDYA 570401 3. DR H KRISHNA S/O LATE HONNEGOWDA AGED ABOUT 63 YEARS R/AT NO 1132, 3RD CROSS ASHOKNAGAR MANDYA 571401 …PETITIONERS (BY SRI. PRAJWAL K. ARADYA, ADVOCATE FOR SRI. S KALYAN BASAVARAJ.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANDYA RURAL POLICE STATION MANDYA 571401 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4852 CRL.P No. 13116 of 2024 REP BY SPP HIGH COURT OF KARNATAKA BENGALURU 560001 2. SRI P BABU S/O LATE C PUTTASWAMY GOWDA AGED ABOUT 46 YEARS SRINIVASAPURA VILLGE UMMADIHALLI DAKHLE KASABAHOBLI MANDYA TALUK MANDYA DISTRICT 571401 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER DATED 22.08.2023 IN CRIME NO.322/2015 AND C.C.NO.1040/2023 ON THE FILE OF THE JUDICIAL MAGISTRATE FIRST CLASS AT MANDYA REJECTING THE B REPORT AND CONSEQUENTLY TAKING COGNIZANCE IN RESPECT OF THE OFFENCES P/U/S 143, 147, 435, 506, 504, 114 R/W 149 OF IPC PRODUCED AT 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 directed against the impugned order dated 22.08.2023 in Crime No.322/2015 [FIR No.466/2015], which is pending in C.C.No.1040/2023 before the Judicial Magistrate First Class, Mandya [for short, 'the trial Court'] for the offences - 3 - NC: 2025:KHC:4852 CRL.P No. 13116 of 2024 punishable under Sections 506, 504, 143, 147, 149, 435, 114 of IPC. 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to the respondent No.2 - complainant filing a complaint against the petitioner on 16.07.2015, the respondent No.1 filed a final 'B' Report, which was called in question by the respondent No.2- complainant before the learned Magistrate by filing a protest petition. By the impugned order, the trial Court came to the conclusion that the 'B' report filed by the respondent No.1 was incorrect and consequently, proceeded to direct issuance of summons to the petitioner, who is before this Court by way of the present petition. 4. Upon re-appreciation, re-evaluation and re- consideration of the entire material on record, including the 'B' Report and the impugned order, I am of the considered opinion that the learned Magistrate came to the correct conclusion that the 'B' Report was incorrect and same requires to be set aside by issuing summons to the petitioners. I do not find any illegality or infirmity in - 4 - NC: 2025:KHC:4852 CRL.P No. 13116 of 2024 the impugned order warranting interference of this Court in exercise of its powers under Section 482 of Cr.P.C [Section 528 of BNNS]. I do not find any merit in the petition and the same is hereby dismissed. Liberty is reserved in favour of the petitioner to put forth all contentions before the trial Court. All contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB