- 1 - HC-KAR NC: 2025:KHC:38088 WP No. 26550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26550 OF 2025 (GM-RES) BETWEEN: SMT. BRINDA BATTACHARYA @ BRINDA ROSHAN AGED ABOUT 49 YEARS, D/O. SRI. DEBASHISH BATTACHARYA, NO.B 903, MAHESH TOWER, CHARKOP, SECTOR 2, PLOT NO.48, RDP-II, KANDIVALI (WEST), MUMBAI - 400 067. …PETITIONER (BY SRI. RAJKUMAR V.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, BENGALURU - 560 095. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. BHARATH KUMAR KUTHATI REGIONAL PASSPORT OFFICER, KORAMANGALA, BENGALURU - 560 004. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38088 WP No. 26550 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO PASS AN ORDER TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.3 IN C.C. NO. 16753/2017 ON THE FILE OF LEARNED 39TH ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU AT ANNEXURE-A BASED ON FIR IN CRIME NO.163/2017 REGISTERED BY THE RESPONDENT POLICE, IN THE INTEREST OF JUSTICE 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 under Section 482 of Cr.P.C.. seeking quashing of the proceedings pending in CC No. 16753/2017 on the file of 39th Addl. Chief Judicial Magistrate, Bengaluru. 2. The records disclose that the petitioner himself has produced the order passed by the learned Magistrate on - 3 - HC-KAR NC: 2025:KHC:38088 WP No. 26550 of 2025 an application filed under Section 239 of the Cr.P.C., wherein the petitioner had sought discharge from the criminal proceedings. The Court below, after a detailed consideration of the material on record, including the charge-sheet and supporting documents, has recorded a finding that there exists sufficient material to frame charge against the present petitioner, who figures as accused No.3, along with accused Nos.1 and 2. Consequently, the application filed under Section 239 of Cr.P.C. came to be rejected. 3. Having suffered an order declining discharge, the petitioner has not chosen to challenge the same in the manner known to law. Instead, the petitioner has approached this Court by filing the present petition under Section 482 Cr.P.C., seeking quashing of the proceedings. This conduct is clearly impermissible. Once the Court below has, by a reasoned order, arrived at the conclusion that a prima facie case exists and charges are liable to be framed, the said order continues to bind the petitioner - 4 - HC-KAR NC: 2025:KHC:38088 WP No. 26550 of 2025 unless and until it is set aside by a competent Court. As long as the order rejecting the discharge application remains unchallenged, the petitioner cannot be permitted to pursue a parallel remedy by invoking the inherent jurisdiction of this Court. 4. The scheme of the Cr.P.C. makes it abundantly clear that discharge and quashment are distinct remedies. Where an order refusing discharge is already in existence, and the petitioner has allowed it to attain finality, entertaining a petition under Section 482 Cr.P.C. on the very same grounds would amount to permitting the petitioner to circumvent the statutory procedure. This Court, in exercise of inherent jurisdiction, cannot override or nullify an order of the trial Court which has not been assailed through proper legal channels. 5. In that view of the matter, the present petition is not maintainable. However, liberty is reserved to the petitioner - 5 - HC-KAR NC: 2025:KHC:38088 WP No. 26550 of 2025 to question the order passed on the discharge application, if so advised, in accordance with law. 6. Subject to the above observation, the petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YN List No.: 1 Sl No.: 33 CT: BHK