- 1 - HC-KAR NC: 2025:KHC:35534 CRL.P No. 2976 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. 2976 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI JEEVAN PAIS AGED ABOUT 38 YEARS S/O JOSEPH PINTO R/AT NEAR RAMAKRISHNA SCHOOL YEYYADI, KONCHADI MANGALURU-575 001 …PETITIONER (BY SRI. HAREESH BHANDARY T.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BY URWA POLICE STATION, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001 2. SRI. SHRI ABHINAY SORAKE, S/O AMARANATH SORAKE AGED ABOUT 35 YEARS R/O PRATHEEKSHA SHIVABAGH, KADRI MANGALURU.-575 002 …RESPONDENTS (BY SRI. RAHUL RAI.K, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35534 CRL.P No. 2976 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 16.11.2023 MADE IN C.C.NO.453/2019 O/P/U/S 417,419, 420, 465, 468, 470, 471,120B, R/W 149 OF IPC BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K, BRINGING THE PETITIONER AS ACCUSED NO.13 TAKING COGNIZANCE AGAINST THE PETITIONER BY ISSUING NBW TO PETITIONER, CONSEQUENTLY QUASHING ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.453/2019 INITIATED AGAINST THE PETITIONER PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is questioning the order of the court below passed on an application filed under section 319 of Cr.P.C. in C.C.No.453/2019. The learned High Court Government Pleader would bring to the notice of this Court that the order impugned has to be assailed by way of revision under section 397 of Cr.P.C. - 3 - HC-KAR NC: 2025:KHC:35534 CRL.P No. 2976 of 2025 Perusal of the order impugned, this Court is of the view that the petitioner has a remedy of an appeal under section 397 of Cr.P.C. Therefore, the petition under section 482 is not maintainable. Accordingly, the criminal petition is dismissed, reserving liberty to the petitioner to avail a remedy of revision. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 22