- 1 - HC-KAR NC: 2025:KHC:29660 CRL.P No. 8287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8287 OF 2025 BETWEEN: 1. PADMA. R W/O RAMU .V AGED ABOUT 47 YEARS R/AT NO.143/2, 2ND MAIN 2ND C CROSS, SRIGANDHANAGAR HEGGANAHALLI, NEAR KTG SCHOOL BENGALURU NORTH BENGALURU-560091. …PETITIONER (BY SRI. SHASHI KIRAN .V, ADVOCATE) AND: 1. S. RAVIKUMAR S/O LATE SWAMY AGED ABOUT 47 YEARS R/AT NO.54, 2ND MAIN 4TH CROSS, VISHWANEEDAM POST HEGGANAHALLI BENGALURU-560091. …RESPONDENT (BY SRI. HARSHA .H.M, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH AND SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION DATED 11.02.2025 PASSED BY THE 23RD ADDL. CJM, BENGALURU IN CC.NO.30121/2022 PRODUCED AS ANNEXURE-A. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29660 CRL.P No. 8287 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Office has raised an objection regarding the maintainability of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the ground that the petitioner has an alternative and efficacious remedy of appeal under Section 421 of the said enactment. As per Section 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023, any person aggrieved by a judgment or order passed by a subordinate criminal court is entitled to prefer an appeal before the competent appellate forum in accordance with law. 2. Learned counsel for the petitioner, on instructions, submits that the petitioner has already availed the remedy of appeal and that the same is presently pending consideration before the appropriate appellate authority. 3. Recording the said submission, and in view of the availability and pendency of the Appeal under Section 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petition is - 3 - HC-KAR NC: 2025:KHC:29660 CRL.P No. 8287 of 2025 dismissed as withdrawn, reserving liberty to the petitioner to pursue the appeal in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 60