- 1 - HC-KAR NC: 2025:KHC:32159 WP No. 15621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15621 OF 2025 (GM-RES) BETWEEN: 1. SRI RIYAZ AHMED S/O HASAN SAHEB AGED ABOUT 50 YEARS 2. SRI.RIHAN AHMED S/O RIYAZ AHMED AGED ABOUT 23 YEARS 3. SRI RIFAN AHMED S/O RIYAZ AHMED AGED ABOUT 21 YEARS 4. SRI RIMAN AHMED C/O RIYAZ AHMED AGED ABOUT 22 YEARS THE PETITIONERS No.1 TO 4 ARE RESIDING AT: #3/92 FOUZAN PALIKE MANE, TELLAR, DURGA UDUPI-576117. …PETITIONERS (BY SRI. M.C.ROSHAN., ADVOCATE) AND: 1. STATE BY KARKALA RURAL PS UDUPI DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32159 WP No. 15621 of 2025 2. SRI. VISHWANATHA SHETTY S/O JAYARAM SHETTY AGED ABOUT 38 YEARS R/AT J.D. BETTU HOUSE DOOPADAKATTE, ATTURU POST NITTE VILLAGE, KARKALA UDUPI-574110 …RESPONDENTS (BY SRI. ANOOP KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF TH BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE IMPUGNED COMPLAINT AND FIR DTD 03.04.25 IN CR. NO.0044/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 126(2), 352, 115(2), 118(1), 351(2), 3(5) OF THE BHARATIYA NAYA SANHITA, 2023 VIDE ANNEXURE A AND B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused Nos.1 to 4 seeking quashing of the proceedings pending in Crime No.44/2025 for the offences punishable under Sections 126(2), 352, 115(2), 118(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. - 3 - HC-KAR NC: 2025:KHC:32159 WP No. 15621 of 2025 2. Respondent No.2 – complainant has lodged a complaint alleging that he is a mechanic and, on 07.30 p.m., while returning home from Namburu Durgaparameshwari Temple on his scooter bearing No. KA-19-HP-8586, he was intercepted by one Riyaz. It is alleged that Riyaz stopped his scooter, abused him in filthy language, and, at the same time, the children of Riyaz/accused No.1 also joined him and assaulted the complainant on his cheek and shoulder. The complainant further alleges that he was assaulted with a wooden stick on his shoulder, back, and stomach. When he raised cries for help, two persons, namely Zahir and Nazir, intervened. At that point, accused No.1 is alleged to have threatened the complainant with dire consequences and thereafter fled from the spot. Based on these allegations, a written complaint was lodged by respondent No.2, which resulted in registration of Crime No.44/2025. 3. Learned counsel for the petitioner, reiterating the grounds urged in the petition, contends that the complaint is nothing but a counterblast, lodged only to wriggle out of the financial liability incurred by respondent No.2 towards accused - 4 - HC-KAR NC: 2025:KHC:32159 WP No. 15621 of 2025 No.1. It is further submitted that respondent No.2, being the informant himself, has maliciously sought to convert what is essentially a civil dispute into a criminal prosecution. On these grounds, learned counsel prays that the proceedings in Crime No.44/2025 be quashed. 4. Per contra, the learned High Court Government Pleader, drawing attention to the materials placed on record, submits that there are sufficient grounds to proceed with the investigation. It is argued that since the matter is still under investigation by the Investigating Officer, no interference by this Court is warranted at this stage. 5. Having examined the records, it is evident that two separate crimes have been registered arising out of the very same incident. The materials placed on record indicate that there was a quarrel between two brothers, which has resulted in registration of a case and a counter case. The very fact that both parties have set the criminal law in motion itself acknowledges their presence at the spot and involvement in the incident. In such circumstances, it is well settled that during investigation, it is for the Investigating Officer to ascertain who - 5 - HC-KAR NC: 2025:KHC:32159 WP No. 15621 of 2025 was the aggressor and who has sustained injuries in the course of the quarrel. This Court, in exercise of its inherent jurisdiction under Section 482 of Cr.P.C., cannot undertake such an enquiry at this preliminary stage. The truth of the allegations, the role attributed to each party, and the veracity of the rival versions can only be determined upon completion of investigation. Therefore, no ground is made out to interdict the ongoing investigation. The matter necessarily requires to be investigated in accordance with law by the Investigating Officer, who is duty bound to collect evidence and arrive at an independent conclusion. 6. With these observations, the writ petition stands dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE SSB