- 1 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11032 OF 2025 BETWEEN: 1. MOHAMMED SIDDIQ S/O MOHAMMED RIYAZ, AGED ABOUT 27 YEARS RESIDING AT NO. 1747/7, 8TH CROSS, GANDHI NAGAR, SAMADANA NAGAR, KG HALLI, BANGALORE NORTH, BANGALORE - 560 045. 2. MOHAMMED ZIYAUDDIN S/O MOHAMMED RIYAZ, AGED ABOUT 24 YEARS RESIDING AT NO. 02, 3RD FLOOR, SITAPA LAYOUT, RT NAGAR, BANGALORE - 560 032. …PETITIONERS (BY SRI. MOHAMMAD FAIZAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION, REP. BY SPP, HIGH COURT, BANGALORE - 560 001. 2. AMJAD KHAN S/O INAYATHULLA KHAN, AGED ABOUT 41 YEARS, RESIDING AT FLAT NO. J2, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 KOOLSA SAFAYAR HILLS, CHIKKANNA LAYOUT, RT NAGAR, BANGALORE - 560 032, MOBILE NO. 7899602021 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.136/2024 IN C.C.NO.73758/2024 FOR THE OFFENCE P/U/S 115(2), 126(2), 3(5), 351(3), 352 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE X A.C.J.M COURT MAYO HALL BENGALURU. 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 captioned petition is filed by accused Nos.1 and 2 seeking quashing of the proceedings pending in C.C.No.73758/2024 for the offence punishable under sections 115(2), 126(2), 3(5), 351(3), 352 of BNS, 2023. 2. The case of the prosecution is that, on 31.08.2024, while respondent No.2/defacto complainant was at his store, namely The Ladies Choice, petitioner No.1, along with his friends, visited the premises and allegedly demanded repayment of money said to have - 3 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 been lent to the complainant. It is further alleged that the petitioners, in concert with their associates, abused the complainant in filthy language, physically assaulted him, and extended life threats, which ultimately led to registration of Crime No.136/2024 for the aforesaid offences. 3. The petitioners/accused Nos.1 and 2 seek quashing of the proceedings primarily on the grounds that there is an unexplained delay in lodging the complaint and that the investigation is not corroborated by a spot mahazar. They further contend that the wound certificate is dated 13.08.2024, whereas the alleged incident is stated to have occurred on 31.08.2024, thereby creating serious doubt about the veracity of the prosecution case. On this premise, learned counsel for the petitioners would submit that there is no material whatsoever to implicate petitioner No.2, and even against petitioner No.1, the allegations, when taken at their face value along with the charge-sheet material, do not disclose the commission of - 4 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 any cognizable offence. It is therefore urged that allowing the proceedings to continue would amount to an abuse of the process of law, warranting interference by this Court. 4. Per contra, learned HCGP, placing reliance on the charge-sheet records, submits that statements of the injured as well as eye-witnesses have been recorded, which prima facie disclose the complicity of the petitioners. It is therefore contended that sufficient material exists to proceed against them. 5. Having heard the learned counsel for both parties and upon perusal of the charge-sheet material, this Court has bestowed its anxious consideration on the rival contentions. 5. The case of the prosecution, in substance, is that the present petitioners, along with certain other persons, barged into the shop owned by respondent No.2/defacto complainant and demanded repayment of money allegedly lent by petitioner No.1/accused No.1. It is - 5 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 further alleged that, in the course of this confrontation, the petitioners not only physically assaulted the complainant but also extended life threats. After completion of investigation, a charge sheet has been filed. Having regard to the fact that the case on hand is a case and counter-case, this Court is of the considered view that it would be wholly inappropriate to quash the proceedings at this stage. 6. In situations of case and counter-case, the presence of rival allegations is duly acknowledged and the law mandates that the truth must be elicited by permitting both sides to lead evidence. It is for the prosecution, during the course of a full-fledged trial, to establish beyond reasonable doubt as to which of the parties was the aggressor in the incident. The contention advanced on behalf of the petitioners that there is delay in lodging the complaint, and that the wound certificate bears a date inconsistent with the alleged incident, may undoubtedly raise certain doubts. However, these aspects cannot be - 6 - HC-KAR NC: 2025:KHC:32153 CRL.P No. 11032 of 2025 conclusively determined at the stage of exercising inherent jurisdiction under Section 482 of Cr.P.C. Such contentions are essentially matters of appreciation of evidence, which require examination during the trial, and the probative value of these documents can only be tested through cross-examination. 7. In view of the above, this Court finds no merit in the request of the petitioners for quashing of the proceedings at the threshold and is therefore not inclined to exercise its inherent powers to grant indulgence at this juncture. Accordingly, the criminal petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK