Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35373 CRL.P No. 9260 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9260 OF 2025
BETWEEN:
1. MR. BHARATH KUMAR S/O C. M. DODDEGOWDA AGED-38 YEARS OCC: COUNCILOR R/AT GUNDEHALLI ROAD, BELUR TOWN BELURU TALUK, HASSAN DISTRICT. 2. MR. SHANTHA KUMAR S/O GOVINDARAJ AGED 50 YEARS OCC: COUNCILOR R/AT BEHIND PETROL BUNK J. P. NAGAR, 4TH CROSS BELUR TOWN, BELURU TALUK HASSAN DISTRICT. 3. MR. GIRISH B.
S/O S. BORANNAGOWDA AGED 50 YEARS OCC: COUNCILOR R/AT HOLE BEEDI, BELUR TOWN BELURU TALUK, HASSAN DISTRICT. 4. MR. FAYAZ S/O SAIYAD PEER AGED 50 YEARS OCC: COUNCILOR R/AT NO. 318, J.P. NAGAR BELUR TOWN
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35373 CRL.P No. 9260 of 2025
BELURU TALUK HASSAN DISTRICT. …PETITIONERS
(BY SRI. YATNAL PARASAPPA GURAPPA, ADVOCATE)
AND:
1. THE STATE BY THE BELURU PS. HASSAN DIST.-573 134. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA …RESPONDENT
(BY SRI. ANOOP KUMAR, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 12/05/2025 HEREBY PRODUCED AS ANNEXURE-A AND COMPLAINT DATED 06/05/2025 AS PER ANNEXURE-B IN CRIME NO. 104/2025 OF THE BELURU P. S., ON THE FILE THE PRL. CIVIL JUDGE (SR. DIVISION) AND CJM, BELURU, DISTRICT, HASSAN FOR THE OFFENCES ALLEGED UNDER SECTION 324(4) OF BNS. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The petitioners are seeking quashing of the proceedings pending in Crime No.104/2025 on the ground that respondent No.2, as a retaliatory measure to the
“No Confidence Motion” initiated by the petitioners, has vindictively lodged a complaint for the offence punishable
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HC-KAR NC: 2025:KHC:35373 CRL.P No. 9260 of 2025
under Section 324(4) of the Bharatiya Nyaya Sanhita,
2023. Acting on the said complaint, the crime is registered. 2. Though the petitioners have asserted that they are elected members of the Belur Town Municipal Council and that a ‘No Confidence Motion’ was initiated against them, it is significant to note that the proceedings of such motion have not been placed on record.
In the absence of such material, this Court is unable to examine the veracity of the said contention at this stage. 3. Be that as it may, it is an admitted position that a crime has already been registered and the investigation is still at a nascent stage. Once the criminal law is set into motion, this Court is of the considered view that it would be premature to interdict the investigative process, particularly when the factual aspects require thorough verification by the Investigating Officer. It is always open to the petitioners to place before the Investigating Officer
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HC-KAR NC: 2025:KHC:35373 CRL.P No. 9260 of 2025
all relevant particulars, including documents relating to the alleged ‘No Confidence Motion,’ so that the same may be taken into account during the course of investigation. 4. This Court, therefore, finds no ground to exercise its inherent jurisdiction to stall the investigation at this juncture. However, liberty is reserved to the petitioners to avail their remedy before the competent Court, if so advised, after the Investigating Officer completes the investigation and files the final report. Accordingly, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
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