SRI VISHWAJEET KUMAR v. STATE BY BELLANDUR POLICE STATION
WP/34943/2024 · 2025-07-17
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39162 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39162 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27123 WP No. 34943 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34943 OF 2024 (GM-RES) BETWEEN:
1.
SRI VISHWAJEET KUMAR CHANDRASHEKAR PRASAD AZAD
AGED ABOUT 33 YEARS.
R/AT EAST TEJ PRATAP NAGAR P.S -BEUR
PATNA DISTRICT BIHAR.
ALST AT: VILLMOND, NEMAN
NALANDA, BIHAR – 803 115.
2.
NEHA KUMARI EAST TEJ PRATAP NAGAR P S BEUR
PATNA DISTRICT BIHAR
3.
PAWANSUIT ENGILITE PVT LTD OFFICEA T NEAR DM KOTH SUDHA PATEL NAGAR
BEHIND BHAINSHASUR, NALANDA, BIHAR
REP BY ITS MANGING DIRECTOR
SRI.VIKASH KUMAR SINGH REGISTERED UNDER 57(2) OF THE COMPANIES ACT 2-13 RULE 28 OF THE COMPANIES (INCORPORATION) RULES OF 2014. …PETITIONERS (BY SRI. P. PRASANNA KUMAR, FOR SRI. SHESHA KARTHIK REDDY, ADVOCATES)
AND:
1.
STATE BY BELLANDUR POLICE STATION
MARATHAHALLI SUB DIVISION
BELLANDUR, BENGALRUU
REP BY STTE PUBLIC PROSECUTOR SPP OFFICE
HIGH COURT BUILDING, KARANTAKA HIGH COURT
AMBEDKAR VEEDHI, BENGALRUU – 560 001.
2.
RAGHAVENDRA S S/O SUBRAMANAYAM
QUESS HOUSE, 3/3/2 BELLANDURU GATE
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:27123 WP No. 34943 of 2024
SARJAPURA ROAD
BENGALRURU – 560 103. …RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 R-2 IS SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, 2023, PRAYING TO CALL FOR RECRODS AND QUASH THE IMPUGNED FIR IN CRIME NO.835/2024 REGISTERED BY THE R-1 BELLANDUR POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 241, 3(5), 316(4), 318(3), 335 OF BNS, 2023 ARISING THEREOF AS AGAINST THE PETITIONERS / ACCUSED NO. 1 TO 3 AS PRODUCED IN ANNX-A.
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 In this petition, petitioners have sought for the following reliefs: (i) Call for records; (ii) Issue a writ or order in the nature of certiorari quashing the impugned FIR in Crime No. 835/2024 registered by the Respondent No.1- Bellandur Police for the offences punishable under section 241, 3(5), 316(4), 318(3), 335 of BNS, 2023, arising thereof as against the Petitioners / Accused Nos.1 to 3 as produced in Annexure- A.
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HC-KAR NC: 2025:KHC:27123 WP No. 34943 of 2024
(iii) Issue such other order or direction as deemed fit in the circumstances of the case, in the interest of justice.
2. Heard learned counsel for the petitioners and learned HCGP for 1st respondent. Though the notice of this petition has been served on the 2nd respondent, he has chosen to remain absent and unrepresented.
3. A perusal of the material on record would indicate that the 2nd respondent – de facto complainant filed the impugned FIR in Crime No.835/2024 dated 05.12.2024 vide Annexure-A for the alleged offences punishable under Sections 241, 3(5), 316(4), 318(3), 336 of BNS, 2023.
4. In this context, it is pertinent to note that prior to the impugned FIR in Crime No.835/2024 dated 05.12.2024, the very same respondent No.2-complainant had filed an earlier complaint registered as FIR in Crime No.695/2024 against the very same petitioners for the very same offences putting forth identical/similar allegations against the petitioners.
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HC-KAR NC: 2025:KHC:27123 WP No. 34943 of 2024
5. Under these circumstances, in the light of the judgments of the Apex Court in the case of T.T.Antony Vs. State of Kerala and Others - (2001) 6 SCC 181 and Tarak Dash Mukharjee and Others Vs. The State of Uttar Pradesh and Others (Special Leave to Appeal No.503/2020) which prohibits filing of successive FIRs on the same cause of action, I am of the considered opinion that the impugned proceedings pursuant to FIR in Crime No.835/2024 deserve to be quashed.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed. (ii) The impugned FIR in Crime No.835/2024 registered by the 1st respondent - Police for offences punishable under Sections 241, 3(5), 316(4), 318(3) and 336 of BNS 2023, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.