- 1 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14153 OF 2024 BETWEEN: 1. MIRZA MOHD. MEHDI, S/O LATE MIRZA HYDER MEHDI, AGED ABOUT 77 YEARS, R/AT NO.17/13, SPENCER ROAD, FRAZER TOWN, BENGALURU – 560 005. 2. DR. AMEER ALI BADAMI, S/O LATE AKBAR ALI BADAMI, AGED ABOUT 63 YEARS, R/AT NO.12/1, EAGLE STREET, LONGFORD TOWN, BENGALURU – 560 025. 3. MOSIN ALI VAKIL, S/O LATE VAHID ALI VAKIL, AGED ABOUT 71 YEARS, R/AT NO.501, 'A' BLOCK, NATHASHA GOLF VIEW APARTMENT, KORAMANGALA RING ROAD, DOMLUR, BENGALURU – 560 071. 4. YASIR ABBAS, S/O SYED SHABBIR AHMED, AGED ABOUT 42 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 R/AT NO.50, NEW NO.67, 4TH CROSS, ANEPALYA, ADUGODI POST, BENGALURU – 560 030. 5. MOSIN SIRJI, S/O ABBAS ALI SIRAJI, AGED ABOUT 45 YEARS, R/AT NO.7/3, AGA ABDULLA STREET, RICHMOND TOWN, BENGALURU – 560 025. …PETITIONERS (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE BY ASHOKNAGAR POLICE, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. MR. SALMAN KHAN, S/O JAFRULLA KHAN, AGED ABOUT 33 YEARS, R/AT NO.13/1, LEONARD LANE, RICHMOND TOWN, BENGALURU – 560 025. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1; SRI.MANJUNATH B.R., ADVOCATE FOR R-2) *** 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 - 3 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 CRL.R.P.NO.25045/2021 ON THE FILE OF THE HON'BLE LVII ADDL.CITY CIVIL JUDGE, MAYOHALL UNIT, AT BENGALURU; SET ASIDE THE IMPUGNED ORDER DATED 28.10.2024 PASSED BY THE HON'BLE LVII ADDL. CITY CIVIL & SESSIONS JUDGE, MAYOHALL UNIT, AT BENGALURU IN CRL.R.P.NO.25045/2021 ALLOWING THE PETITION FILED BY THE RESPONDENT NO.2 AND SETTING ASIDE THE ORDER DATED 20.03.2021 PASSED BY THE HONBLE 29TH ACMM, BENGALURU IN CRIME NO.535/2014 U/Ss. 143, 144, 504, 506, 324, R/W 149 OF IPC. ETC., THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought the following reliefs: "a. Call for the entire records in CRL.R.P.No.25045/2021 on the file of the Hon'ble LVII ADDL. City Civil Judge, Mayohall Unit, at Bengaluru; b. Set aside the impugned order dated 28.10.2024 passed by the Hon'ble LVII Addl. City Civil & Sessions Judge, Mayohall Unit, at Bengaluru in CRL.R.P.No.25045/2021 allowing the petition filed by the respondent No.2 and setting aside the order dated 20.03.2021 passed by the Hon'ble 29th - 4 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 ACMM, Bengaluru in Crime No.535/2014 U/Ss. 143, 144, 504, 506, 324, r/w 149 of IPC. c. Pass such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. This petition takes exception to the impugned order dated 28.10.2024 passed by the learned XVII Additional City Civil and Sessions Judge, Bengaluru in Criminal Revision Petition No.25045/2021, whereby the said Revision Petition filed by respondent No.2 was allowed by the Session Court and set aside the order dated 20.03.2021 passed by the learned Magistrate and remitted the matter back to the learned Magistrate for reconsideration afresh, in accordance in law. 3. Heard the learned counsel for the petitioners and the learned counsel for respondent No.2 and perused the material on record. 4. A perusal of the material on record will indicate that, on 03.11.2014, the second respondent/complainant - 5 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 filed a complaint alleging offences against the petitioners/accused Nos. 1 to 5 for the alleged offences punishable under Sections 143, 144, 504, 506, 324, r/w Section 149 of IPC. 5. In pursuance of the same, the first respondent - Police authorities registered an FIR in Crime No.535/2014, pursuant to which, investigation was conducted and the same culminated in a 'B' Report dated 17.11.2015 filed by the first respondent. The said 'B' Report having been submitted by the Police authorities to the learned Magistrate, the learned Magistrate issued notice to the respondent No.2/complainant, calling upon him to file his objections, if any, to the 'B' Report. 6. A perusal of the order sheet maintained by the Court of the learned Magistrate will indicate that the matter was posted on 09.02.2021, on which date, the second respondent entered appearance through his counsel and the matter was posted to 20.03.2021, on which date, the respondent No. 2 and his counsel were - 6 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 absent. As a result, the Trial Court proceeded to pass an order dated 20.03.2021 taking the objections of the respondent No.2 as 'nil' and accepting the 'B' Report. 7. Aggrieved by the aforesaid order dated 20.03.2021 passed by the learned Magistrate, the second respondent approached the Sessions Court in Criminal Revision Petition No.25045/2021. In this context, it is pertinent to note that, though the said order was passed by the learned Magistrate on 20.03.2021, the Criminal Revision Petition No.25045/2021 which was filed by the second respondent on 30.08.2021, was not accompanied by an appropriate/necessary application for condonation of delay under Section 5 of the Limitation Act. It is the grievance of the petitioners that the order sheet of the Sessions Court would indicate that, without condoning the delay of 68 days in filing the revision petition, the Sessions Court has proceeded to allow the revision, which is impermissible in law, since a revision petition which is barred by time is not revision petition in the eye of law - 7 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 and consequently, the impugned order, allowing the revision petition deserves to be set aside. 8. Per contra, learned counsel for the respondent No.2 submits that, if the impugned order passed in the Sessions Court is set aside and the matter is remitted back to the Sessions Court for reconsideration of Criminal Revision Petition No.25045/2021 afresh, in accordance with law, the respondent No.2 would file an appropriate application under Section 5 of the Limitation Act and the Revisional Court may be directed to reconsider the revision petition, afresh in accordance with law. 9. In view of the aforesaid facts and circumstances and joint submissions made by both sides and also the undisputed fact that the second respondent had not filed any application seeking condonation of delay in filing the Revision Petition in Criminal Revision Petition No.25045/2021, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit - 8 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 the matter back to the Sessions Court for reconsideration of the matter afresh, in accordance with law and by issuing certain directions. 10. Accordingly, I pass the following: i. Petition is hereby allowed; ii. The impugned order dated 28.10.2024 in Criminal Revision Petition No.25045/2021 is hereby set aside; iii. Matter is remitted back to the Sessions Court for reconsideration afresh in accordance with law. Liberty in reserved in favour of the respondent No.2 to file an appropriate application under Section 5 of the Limitation Act, seeking condonation of delay in filing the revision petition. iv. If the respondent No.2 files such an application, the Sessions Court shall provide an opportunity to the petitioners to file their - 9 - HC-KAR NC: 2025:KHC:20793 CRL.P No. 14153 of 2024 objections and proceed further and dispose of the application as well as the revision petition, in accordance with law. v. The petitioners and respondent No.2 undertake to appear before the Sessions Court on 07.07.2025, without awaiting further notice from the Sessions Court. vi. All rival contentions of both the parties and other aspects are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 26