- 1 - NC: 2025:KHC:4191 CRL.P No. 762 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 762 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT CHETNA CHUGH @ SIKSHA RAJESH CHANDRAN D/O LATE MANOHARLAL CHUGH, AGED ABOUT 56 YEARS, R/AT NO 60/1, ALEXANDER COURT CHOWRINGHEER ROAD, KOLKATA WEST BENGAL – 700 020. …PETITIONER (BY SRI. ANAND MUTTALLI, ADVOCATE) AND: 1. SMT BHARATI MANOHARLAL W/O LATE MANOHARLAL CHUGH, AGED ABOUT 80 YEARS, R/AT BHARTI NO 29/12, 1ST CROSS, KUMARACOT LAYOUT, BANGALORE – 560 001. 2. SMT JAYASHREE MANOHARLAL CHUGH D/O LATE MANOHARLAL CHUGH, MAJOR IN AGE, R/AT “BHARTI”, NO 29/12, 1ST CROSS, KUMARACOT LAYOUT, BANGALORE – 560 001. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH VIDE ORDER DATED; 29.01.2025) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.12.2023 PASSED BY THE 3RD ADDL. CMM AT BANGALORE IN PCR NO.3403/2023 (ANNEXURE- A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4191 CRL.P No. 762 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “ a) Call for the records in P.C.R No.3403/2023, closed before the 3rd Addl. Chief Metropolitan Magistrate at Bangalore. b) Direct the 3rd Chief Metropolitan Magistrate at Bengaluru to register the Criminal Complaint in PCR No. 3403/2023 and proceed with the complaint in accordance with law. c) Grant such other relief as this Hon’ble Court deems fit in the facts and circumstances of this case, in the interest of justice.” 2. For the order proposed, notice to respondents is dispensed with, since the trial court did not even issue notice to the respondents. 3. Heard learned counsel for the petitioner and perused the material on record. 4. A perusal of the material on record will indicate that the petitioner instituted the aforesaid PCR No.3403/2023 against the respondents for the alleged offences punishable under Sections - 3 - NC: 2025:KHC:4191 CRL.P No. 762 of 2025 34, 107, 405, 406, 415, 420 of IPC. The learned Magistrate recorded the sworn statement of the petitioner, who produced 12 documents in support of his claim. However, after hearing the learned counsel for the petitioner as well as the petitioner, the learned Magistrate proceeded to pass the impugned order dismissing the complaint on the ground that there was no material to prosecute the accused persons for the alleged offences. Aggrieved by the impugned order passed by the learned Magistrate, petitioner is before this Court by way of the present petition. 5. A perusal of the material on record including the impugned order will clearly indicate that despite the petitioner having filed the detailed complaint producing 12 documents in support of his claim with many of them being registered documents, the trial court has proceeded to pass the impugned order without assigning cogent or valid reasons as to why the petitioner had not made out prima-facie case for the purpose of proceeding further by taking cognizance in the matter. It is well settled that the prima-facie satisfaction of the averments made in the complaint, sworn statement and the documents produced by - 4 - NC: 2025:KHC:4191 CRL.P No. 762 of 2025 the petitioner would be relevant and material for the purpose of taking cognizance and detailed scrutiny of the same would not be required for the purpose of taking cognizance. Under these circumstances, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial court for reconsideration afresh. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 05.12.2023 passed in PCR No.3403/2023 by the III ACMM, Bangalore, is hereby set aside. (iii) The matter is remitted back to the trial court for reconsideration afresh in accordance with law. (iv) Petitioner is directed to appear before the learned Magistrate on 17.02.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 2 Sl No.: 71