- 1 - HC-KAR NC: 2025:KHC-D:11319 CRL.P No. 102613 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102613 OF 2024 (482(Cr.PC)/528(BNSS) BETWEEN: 1. ANIL BHIMAPPA SANSHI AGE: 31 YEARS, OCC: AGRICULTURE R/O BUDNI PD, MAHALINGAPUR, TAL RABAKAVI-BANAHATTI DIST. BAGALKOT-587012. 2. BHIMAPPA LAXMAN SANSHI AGE: 71 YEARS, OCC: AGRICULTURE, R/O BUDNI PD, MAHALINGAPUR, TAL RABAKAVI-BANAHATTI DIST. BAGALKOT-587012. …PETITIONERS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SMT REKHA ANAND SANSHI AGE: 28 YEARS, O CC: HOUSE HOLD WORK, R/O BUDNI PD, MAHALINGAPUR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11319 CRL.P No. 102613 of 2024 TAL RABAKAVI-BANAHATTI DIST, BAGALKOT, NOW AIGALI TAL: ATHANI, DIST. BELAGAVI-591317. 2. THE STATE OF KARNATAKA REPRESENTED BY PSI-MAHALINGAPUR POLICE STATION, MAHALINGAPUR TAL RABAKAVI -BANAHATTI DIST. BAGALKOT-587012 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD-580011 …RESPONDENTS (BY SMT. BHAGYASHREE BIKKANNAVAR, ADVOCATE FOR R-1; SMT. GIRIJA S. HIREMATH, HCGP FOR R-2) THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS, 2023 (U/S 482 OF CR.P.C.,) SEEKING TO QUASH THE ORDER ON APPLICATION UNDER SEC. 102 OF CODE OF CRIMINAL PROCEDURE 1973 DATED 20.08.2024 PASSED IN PC NO.11/2024 BY THE SENIOR CIVIL JUDGE AND JMFC- BANAHATTI. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:11319 CRL.P No. 102613 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioners are before this Court assailing the order dated 20.08.2024 passed in P.C. No.11/2024 by the Court of Senior Civil Judge and JMFC, Banahatti, Bagalkote District, wherein application filed under Section 102 of Cr.P.C. by respondent No.1 is allowed. 2. Heard the learned counsel for the parties. 3. Respondent No.1 has filed a private complaint before the Jurisdictional Court of Magistrate at Banahatti, Bagalkote District against the petitioners herein and in the said proceedings, she had filed an application under Section 102 of Cr.P.C. with a prayer to seize the vehicles which are in the custody of the petitioners herein, which allegedly belong to her deceased husband. The said application was allowed by the learned Magistrate vide the impugned order and aggrieved by the same, the petitioners, who are the proposed accused in the private complaint are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:11319 CRL.P No. 102613 of 2024 4. Perusal of the material on record would go to show that Police had refused to register FIR against the accused in the present case considering the nature of allegations found against them. Thereafter, respondent No.1 had filed a private complaint against the petitioners alleging that they have committed offence punishable under Section 420 of IPC. The private complaint is still at the stage of recording the sworn statement of respondent No.1 – complainant. Even before the sworn statement was recorded, the complainant has filed application under Section 102 of Cr.P.C., which has been allowed by the learned Magistrate directing the PSI of Mahalingpur Police Station, to seize the vehicles mentioned in the operative portion of the order, which undisputedly are in the possession of the petitioners herein. Section 102 of Cr.P.C. provides power to the Police Officer to seize certain properties during the course of investigation. 5. In the case on hand, Police have earlier refused to register an FIR based on the first information received from respondent No.1, and it is under the circumstances, she had approached the Jurisdictional Court of Magistrate by filing a private complaint. Even before taking cognizance of the alleged - 5 - HC-KAR NC: 2025:KHC-D:11319 CRL.P No. 102613 of 2024 offences, the Trial Court has entertained an application filed by the complainant under Section 102 of Cr.P.C., which was not permissible. Under the circumstances, I am of the opinion that the order impugned cannot be sustained. Accordingly, the following: ORDER Criminal Petition is allowed. The order 20.08.2024 passed in P.C. No.11/2024 by the Court of Senior Civil Judge and JMFC, Banahatti, Bagalkote District, wherein application filed under Section 102 of Cr.P.C. by respondent No.1 is set aside. However, this order will not come in the way of respondent No.1 filing appropriate application before the Trial Court at appropriate stage. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:GSM List No.: 1 Sl No.: 61