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2025 DAILYLAW 78320 (KAR)

P.B. NAGADEEPU @ P.B. NAGDEEP v. THE STATE OF KARNATAKA

CRL.P/14466/2024 · 2025-11-18

Mohammad Nawaz

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47402 CRL.P No. 14466 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.14466/2024 (482(Cr.PC)/528(BNSS)) BETWEEN: P.B. NAGADEEPU @ P.B. NAGDEEP S/O. B. BRAHMAPPA, AGED ABOUT 38 YEARS, RESIDING AT NO.12, 4TH CROSS, ATTURU LAYOUT, AKSHAYA HOSPITAL, YELAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI. ARUN KUMAR Y. H., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY SUBRAMANYAPURA P.S., THROUGH THE STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. 2. MAHABALESHWARI BHARI S/O. BASAVARAJU, AGED ABOUT 47 YEARS, R/AT NO.160, OLD 7TH CROSS, NEW 11TH CROSS, PEDUKAMANDIR ROAD, BHCS LAYOUT, UTTARAHALLI, KENGERI MAIN ROAD, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47402 CRL.P No. 14466 of 2024 SUBRAMANYAPURA, BENGALURU-560061. …RESPONDENTS (BY SRI. ANOOP KUMAR M.N., HCGP FOR R1 SRI VASANTH ADITHYA J., ADV. FOR R2) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) SET ASIDE THE ORDER DATED 05.07.2024 PASSED BY THE XXX ADDL. CJM AT BENGALURU IN PCR NO.4657/2024 PRODUCED HERETO AS ANNEXURE-A AND 2) CONSEQUENTLY, QUASH THE FIR IN CR.NO.423/2024 DATED 01.11.2024 REGISTERED BY THE RESPONDENT NO.1 SUBRAMANYAPURA POLICE STATION, BENGLAURU CITY, AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S 120B, 379, 420, 417 OF THE IPC, PENDING BEFORE 30TH ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY, PRODUCED HERETO AS ANNEXURE-B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is seeking to set aside the order dated 05.07.2024 passed by the Additional Chief Judicial Magistrate at Bangalore, directing to register the case and referring the matter for investigation under Section 156(3) of Cr.P.C. and consequently to quash the FIR registered by the Police. - 3 - HC-KAR NC: 2025:KHC:47402 CRL.P No. 14466 of 2024 2. The complaint averments disclose that the complainant has been into Logistic and Transport business and he had decided to sell some of his used Heavy Trucks. Hence, he posted the availability of complainant’s trucks for sale on social media, pursuant to which, the accused agreed to purchase 3 trucks. Further, as per the request of the accused, the complainant sent the necessary documents relating to the trucks and after verifying the documents, the accused agreed to purchase the trucks for a sale consideration of Rs.66,00,000/-. The accused issued a cheque for a sum of Rs.2,91,000/- towards advance payment in respect of 3 trucks and the said 3 trucks were delivered to him. The said cheque issued for a sum of Rs.2,91,000/- was not honoured due to insufficiency of funds in the Account of the accused. Further, the trucks were also not returned to the complainant. 3. The complainant has alleged that the accused has committed not only theft of complainant’s trucks but also - 4 - HC-KAR NC: 2025:KHC:47402 CRL.P No. 14466 of 2024 induced him to deliver the trucks by promising that the amount would be paid and thereafter, cheated him. The investigation is at its nascent stage. The allegations have to be investigated into. Learned Magistrate having found sufficient grounds to proceed, has by a reasoned order directed to register the case and permitted the Police to conduct investigation, exercising power under Section 156(3) of Cr.P.C.175(3) BNSS. The statutory obligation of the Police to conduct investigation cannot be interfered with. No grounds are made out to quash the FIR. Hence, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE MPK CT:bms List No.: 1 Sl No.: 44