- 1 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103378 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: KUBER S/O SHANKAR RAYAMANE, AGE: 54 YEARS, OCC: POLICE SERVICE, PERMANENT R/O: CTS 5989, F1, RAJDURGA RESIDENCY, M.G. COLONY, NEAR CONGRESS BHAVI, TILAKWADI, BELAGAVI-590 006, NOW R/O: RAGHAVENDRA NAGAR POLICE STATION, RAGHAVENDRA COLONY, KALBURGI CITY, KALBURGI-585 103. … PETITIONER (BY SRI. RAVIRAJ C. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY MARKET P.S., BELAGAVI, THROUGH HCGP, HIGH COURT OF KARNATAKA, DHARWAD. 2. GIRISH S/O. TUKARAM HUDDAR, AGE: 53 YEARS, OCC: BUSINESS, R/O: FLAT NO.A-04, BLUE HEAVEN, OPP. IDBI BANK, THAKUR COMPLEX, KANDIVALI (E), MUMBAI-400 101. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI/SMT. KANCHAN S.C., ADVOCATE FOR R2) RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO CALL FOR RECORDS AND QUASH THE IMPUGNED ORDER DATED 19.06.2023 IN P.C.R. NO.31/2021 NOW IN C.C. NO.762/2023 AND ALL PROCEEDINGS THEREIN THE J.M.F.C. II COURT, BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTION 347 OF I.P.C. AGAINST THE PETITIONER HEREIN WHO IS ARRAYED AS ACCUSED NO.2 IN C.C. NO.762/2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court under Section 482 of Cr.P.C., with a prayer to quash the order dated 19.06.2023 passed in C.C. No.762/2023, pending before the JMFC-II Court, Belagavi, arising out of Crime No.13/2021 registered by the Market Police Station, Belagavi, and P.C.R. No.31/2021 filed by respondent No.2 before the aforesaid Court. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.13/2021 was registered by the Market Police Station, Market Sub Division, Belagavi City, for the offences punishable under Sections 143, 147, 342, - 3 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 506, 149 of the IPC against Deepak Parasharam Birje and others, based on the first information dated 06.02.2021, received from respondent No.2 herein. During the pendency of the aforesaid FIR, private complaint in P.C.R. No.31/2021 was filed by respondent No.2 before the JMFC-II Court, Belagavi and the said private complaint was referred to the Market Police Station, Belagavi, which is the jurisdictional Police Station on 19.03.2021, acting under Section 156(3) of the Cr.P.C. 4. It appears that the Market Police Station had not registered a separate FIR after P.C.R. No.31/2021 was referred for the purpose of investigation and on the other hand, a requisition was made before the learned Magistrate to permit them to investigate the Case along with Crime No.13/2021, which was already registered by the very same Police Station based on the first information received from the de facto complainant herein. - 4 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 5. It appears that the advocate appearing for the de facto complainant had made a statement on 01.04.2022 that he had no objection to consider the requisition filed by the concerned Police Station, and accordingly the learned Magistrate had directed the PSI to proceed with the investigation and to submit the report without delay. 6. Subsequently, the Investigation Officer in the present case had filed a “B” final report in the present case, which was taken on record in P.C.R. No.31/2021. The learned Magistrate by order dated 23.12.2022 rejected the “B” final report filed and thereafter recorded the sworn statement of the de facto complainant and vide order impugned dated 19.06.2023 directed the registry to register a case against accused Nos.1 and 2 for the offence punishable under Section 347 of IPC. 7. Being aggrieved by the same, accused No.2 is before this Court. - 5 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 8. The undisputed facts of the present case are that FIR in Crime No.13/2021 was registered by Market Police Station, Market Sub Division, Belagavi city for the offence punishable under Section 143, 147, 342, 506, 149 of IPC against Deepak Parasharam Birje, based on the first information dated 06.02.2021 received from respondent No.2, Girish Tukaram Huddar. The petitioner herein is arrayed as accused No.2 in Crime No.13 of 2021. When the investigation in Crime No. 13/2021 was under progress, a separate private complaint was filed by Girish Tukaram Huddar before the Court of Jurisdictional Magistrate on 10.02.2021. The petitioner herein is arrayed as accused No.2 even in the private complaint, which was filed before the Jurisdictional Court of Magistrate. The allegations found in the first information, which had resulted in registering FIR in Crime No.13/2021 and the allegations found in the private complaint are similar in nature. 9. Section 210 of the Cr.P.C. provides for the procedure to be followed when there is a complaint case - 6 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 and police investigation in respect of the same offence. Section 210 of Cr.P.C. reads as follows: 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.- (1) When in a case instituted otherwise than on a police report (i.e., a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance on the police report, he shall proceed with the inquiry or trial, which was stayed, as if there is no such police investigation. 10. The learned Magistrate, who had received the private complaint, after registration of the FIR in Crime No.13/2021, for the very same offences had to proceed further, as provided under Section 210 of Cr.P.C. However, - 7 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 the learned Magistrate on receipt of the private complaint filed by Girish Tukaram Huddar, who is also the first informant in Crime No.13/2021, referred the private complaint to the very same Police Station, which had registered FIR in Crime No.13/2021 for the same offence. Thereafter, on the requisition of the Investigation Officer in Crime No.13/2021, learned Magistrate had permitted him to conduct investigation in Crime No.13/2021 and also in P.C.R. No.31/2021 and to file final report. The same was not permissible in view of the procedure to be followed as contemplated under Section 210 of the Cr.P.C. 11. On receipt of the private complaint, the learned Magistrate ought to have awaited the final report in Crime No.13/2021, which was already registered by the Jurisdictional Magistrate, and depending upon the outcome of the same, he should have proceeded further in the private complaint, in the manner provided under Section 210 of the Cr.P.C. However, in the present case, the private complaint was also referred to the very same - 8 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 Investigation Officer, who was investigating Crime No.13/2021, and on the requisition of the Investigation Officer, he was permitted to conduct investigation in both the matters and it is under these circumstances, the final report, “B” final report was filed in P.C.R. No.31/2021 by the learned Magistrate. In my considered view, the procedure followed by the learned Magistrate before filing of the final report by the Investigation Officer itself is bad, and therefore, the matter needs interference. Accordingly, the following: ORDER (i) Criminal petition is partly allowed; (ii) The order dated 19.03.2021 passed by JMFC-II Court, Belagavi in P.C.R. No.31/2021, referring the private complaint to the Market Police Station, Belagavi, in exercise of its powers under Section 156(3) of the Cr.P.C. and all further proceedings pursuant to the said order including the order dated 19.06.2023 passed by the JMFC-II Court, Belagavi, directing the - 9 - HC-KAR NC: 2025:KHC-D:9698 CRL.P No. 103378 of 2024 registry to register the case against accused Nos.1 and 2 for the offence punishable under Section 347 of the IPC are quashed; (iii) The Market Police Station, Belagavi is directed to conduct a fresh enquiry in Crime No.13/2021 and to file a final report before the jurisdictional Court of Magistrate, as expeditiously as possible; & (iv) Learned Magistrate shall thereafter proceed further on the final report filed by the Police Officer and the private complaint filed by the de facto complainant in the manner as provided under Section 210 of Cr.P.C. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 55