- 1 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6008 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. VISHWAS CHANDRASHEKAR @ MANJUNATHA G S/O GANESH AGED ABOUT 32 YEARS NO.158, HIRENALLUR KADUR TALUQ, CHIKAMANGALUR DISTRICT-577550. 2. SANDHYA W/O VISHWAS CHANDRASHEKAR AGED ABOUT 34 YEARS NO.146, 4TH CROSS TEMPLE ROAD NEW EXTENSION YARGANAHALLI, KRISHNANAGAR MYSORE-570011. …PETITIONERS (BY SRI. SYED KHALEEL PASHA, ADVOCATE) AND: 1. KENCHAPPA S/O LATE J SHARANAPPA AGED ABOUT 60 YEARS RETIRED CONDUCTOR R/AT NO.9, 4TH CROSS SRIRANGA BUILDING, ACHUTH RAO LAYOUT SHIVAMOGGA. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 2. THE STATE OF KARNATAKA DODDAPETE POLICE STATION SHIMOGA SUB DIVISION SHIVAMOGGA. …RESPONDENTS (BY SRI. SIDDESH H, ADVOCATE FOR R1; SRI.VINAY MAHADEVAIAH, HCGP FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDING IN CR.NO.372/2021 REGISTERED BY THE 2ND RESPONDENT i.e, DODDAPETE P.S., ARISING OUT OF THE COMPLAINT IN PCR.NO.308/2021 PRESENTED BY THE COMPLAINANT/1ST RESPONDENT BEFORE THE TRIAL COURT HONBLE J.M.F.C 2ND COURT SHIVAMOGGA WHICH IS PENDING ON THE FILE OF THE COURT OF THE HONBLE J.M.F.C 2ND COURT SHIVAMOGGA. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who are arraigned as accused Nos.1 and 2 have filed this petition under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against them in Cr.No.372/2021 for the offences punishable under Sections 120B, 406 and 420 of IPC. - 3 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 2. In support of the petition, the petitioners have contended that, as directed by the Hon'ble Supreme Court in Priyanka Srivastava Vs. State of Uttar Pradesh & Ors. (Priyanka Srivastava)1, before filing the private complaint, the complainant has not approached the concerned police with the complaint and he has also not approached the higher police officers. He has also not filed affidavit to the effect that the said guidelines are followed. Therefore, the petition is not maintainable. 3. Petitioners are innocent of the offences alleged against them and they have deep roots in the society. There is not prima facie material to connect the petitioners to the alleged crime. They are falsely implicated. The allegations made in the complaint does not attract the provisions of Sections 406 and 420 IPC. Continuation of the criminal proceedings against petitioners would amount 1 (2015) 6 SCC 287 Dt: 19.03.2015 - 4 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 to abuse of the process of the Court and hence the petition. 4. On the other hand learned counsel representing respondent No.1 and learned High Court Government Pleader for respondent No.2 State would submit that respondent is law abiding citizen, who is a retired driver of KSRTC. During 2016, while traveling in a train, he came in contact with petitioner No.1. He introduced to the complainant as PA of politician, D.K. Shivakumar and that he has contact with Government officials and that he would get appointment to any of the relatives of complainant and introduced his wife i.e, accused No.2 promising to get employment. Accused No.1 collected Rs.15 lakhs from respondent No.2 in instalments, including transfer through UPI and bank. 4.1 However, after collecting the money, petitioners started avoiding the complainant. On enquiry, complainant also came to know that petitioner No.1 is not at all an - 5 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 employee of KPTCL. Ultimately, respondent No.2 was able to trace petitioner No.1. After much persuasion, he issued a cheque for ₹1,00,000 with a promise to pay the remaining amount at the earliest. However, when respondent No.2 presented the cheque for encashment, it was dishonoured for want of sufficient funds. When respondent No.2 brought this fact to the notice of accused No.1, he took back the cheque with a promise to pay the amount. However, he failed to do so. 4.2 Without any other alternative, complainant/respondent No.2 approached concerned police. However, they did not receive the complaint since petitioner No.1 is very powerful. Without any alternative complaint is filed. The allegations made against the petitioners require thorough investigation and pray to dismiss the petition. 5. Heard arguments and perused the record. - 6 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 6. Thus, respondent No.2 has chosen to prosecute the petitioners on the allegations that petitioner No.1 with a promise to get employment collected ₹15 lakhs from him. He not only failed to get employment, but also return the said amount and on much persuasion, he issued cheque for ₹1,00,000/- but it came to be dishonoured for want of sufficient funds. When this fact came to his knowledge, petitioner No.1 took back the cheque but failed to pay the amount. The concerned police have also not received the complaint, since petitioners were powerful and therefore he has filed private complaint. 7. Apart from denying the allegations made in the complaint, petitioners have mainly contended that the guidelines issued by the Hon'ble Supreme Court in Priyanka Srivastava was not followed before filing the private complaint and without ascertaining these aspects, the trial Court has referred the complaint for investigation. - 7 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 8. In Priyanka Srivastava, while discussing the repurcations of filing complaints under Section 200 Cr.P.C indiscriminately, especially against Government officials, held that innocent people are being harassed. In order to safeguard the interest of the innocent persons and also to make the complainant responsible for the action taken, the Hon'ble Supreme Court directed that before opting to file private complaint under Section 200 Cr.P.C, the complainant is required to give first information to the jurisdiction police. If concerned police failed to take action, then the complainant is required to approach higher police officers and file the first information through post. 9. Only after the higher police officers also fail to take action, the complainant may approach the jurisdictional Magistrate with a complaint under Section 200 Cr.PC. However, complainant is required to file an affidavit supporting the complaint, specifically swearing that the concerned police as well as the higher police officers have failed to take action. The complaint should - 8 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 also be accompanied by copies of the first information given to the concerned police as well as to the higher police officers together with the proof that he had approached the higher police officers. Only after this exercise is made, the complainant is at liberty to file complaint under Section 200 Cr.PC. This requirement is to safeguard the interest of the innocent person against whom indiscriminate complaints are filed and also to bind the complainant for any false information furnished. 10. Though respondent No.2 has averred that he had approached the concerned police with the first information, he has not produced the copy of the same. Admittedly, he has also not approached the concerned higher police officers with the first information. Of course, the complaint is not accompanied by affidavit, reiterating the above facts. In the light of the same, the continuation of proceedings against the petitioners would amount to abuse of the process of the Court. However, it is necessary to reserve liberty to the respondent No.1 to comply with - 9 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 the directions given by the Hon'ble Supreme Court and even after the said exercise, if the concerned police and their higher officers failed to receive the complaint of respondent No.2 and take action, he is at liberty to file complaint under Section 200 Cr.P.C supported by affidavit and necessary documents. 11. In the light of the above discussion, this Court is of the considered opinion that the petition deserves to be allowed and accordingly the following: ORDER i) Petition filed by petitioners/accused Nos.1 and 2 under Section 482 Cr.P.C is allowed. ii) The criminal proceedings initiated against the petitioners/accused Nos.1 and 2 in Cr.No.372/2021 of Doddapete Police Station (arising out of PCR No.308/2021) on the file of JMFC II Court Shivamogga, is quashed. - 10 - HC-KAR NC: 2025:KHC:30818 CRL.P No. 6008 of 2022 iii) However, liberty is reserved to respondent No.1 to comply with the directions given by the Hon'ble Supreme Court in Priyanka Srivastava and even after the said exercise, if the concerned police and their higher officers failed to receive the complaint of respondent No.1 and take action, he is at liberty to file complaint under Section 200 Cr.P.C supported by affidavit and necessary documents. This exercise shall be done within a period of one month from the date of this order. iv) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 60