- 1 - HC-KAR NC: 2025:KHC-D:12992 CRL.P No. 103651 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103651 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. JINKA V. SHANKAR BABU, AGE. 55 YEARS, OCC. BUSINESS AND REPORTER, R/O. #45, ANUGRAHA, 1ST CROSS, 2ND MAIN, JYNANANBHARATI, 1ST BLOCK, BENGALURU CITY-560 056. 2. SMT. TRIVENI W/O SHANKAR BABU, AGE. 50 YEARS, OCC. HOUSEHOLD, R/O. #45, ANUGRAHA, 1ST CROSS, 2ND MAIN, JYNANBHARATI, 1ST BLOCK, BENGALURU CITY-560 056. … PETITIONERS (BY SRI. VINAYAKA R. BHAT AND SRI. VISHWANATH K. BHAT, ADVOCATES) AND: SUCHETAN S/O MANJUNATH TARUNI, AGE. 34 YEARS, OCC. PRIVATE WORK, R/O. NO.322, MAHANTH NILAYA, OPPOSITE BHAIRIDEVARAKOPPA DARGA, P.B. ROAD, HUBLI, HUBLI, DIST. DHARWAD, PIN CODE-580 003. … RESPONDENT (BY SRI. SURESH S. SHETTEMMANAVAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN C.C. NO.3018/2024 THAT COGNIZANCE TAKEN BY 3RD ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBLI, AGAINST THE PRESENT PETITIONERS REGISTERED BY THE RESPONDENT/COMPLAINANT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 295A, 499, 500, 504 AND 506 OF I.P.C. AS IT IS ILLEGAL IN SO FAR AS THE PETITIONERS/ACCUSED NO.2 AND 3 ARE CONCERNED. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12992 CRL.P No. 103651 of 2024 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioners are before this Court in this petition filed under Section 528 of the BNSS, 2023, with a prayer to quash the entire proceedings in C.C. No.3018 of 2024 pending before the Court of III-Additional Senior Civil Judge and JMFC, Hubballi, arising out of private complaint bearing PCR No.37 of 2024 registered for the offences punishable under Section 295A, 499, 500, 504 and 506 of the IPC. 2. Heard the learned counsel for the parties. 3. The respondent had filed a private complaint under Section 200 of the Cr.P.C. against the petitioners herein in PCR No.37 of 2024 before the Court of III- Additional Senior Civil Judge and JMFC, Hubballi. In the said case, sworn statement of the respondent-complainant was recorded and thereafter ten documents were got marked as - 3 - HC-KAR NC: 2025:KHC-D:12992 CRL.P No. 103651 of 2024 Exhibits P1 to P10. Subsequently, by order dated 10.09.2024, the learned Magistrate had taken cognizance of the aforesaid offences and had issued summons to the accused, and being aggrieved by the same, the petitioners, who are arrayed as accused Nos.2 and 3 in the impugned criminal proceedings are before this Court. 4. Perusal of the material on record would go to show that, cognizance has been taken by the trial Court, by order dated 10.09.2024, for offences punishable under Section 295A, 499, 500, 504 and 506 of he Cr.P.C. Section 196(1) of the Cr.P.C. provides that, no Court shall take cognizance of any offence punishable under Section 295A of the IPC, except with the previous sanction of the Central Government or of the State Government. In the case on hand, undisputedly, the sanction as required under Section 196 of the Cr.P.C. has not been obtained and therefore, the learned Magistrate could not have taken cognizance for the offence punishable under Section 295A of the IPC. - 4 - HC-KAR NC: 2025:KHC-D:12992 CRL.P No. 103651 of 2024 5. Under the circumstances, I am of the opinion that, the order passed by the learned Magistrate dated 10.09.2024 cannot be sustained. Accordingly, the following: ORDER (i) The Criminal Petition is partly allowed. (ii) The order dated 10.09.2024 passed by the Court of III-Addl. Senior Civil Judge and JMFC, Hubballi, in C.C. No.3018 of 2024 arising out of PCR No.37 of 2024 is quashed and the matter is remitted to the learned Magistrate to proceed further in accordance with law, taking into consideration the observation made herein above. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 61