- 1 - HC-KAR NC: 2025:KHC:41979 CRL.P No. 10688 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10688 OF 2025 BETWEEN: MAYANK KHARE, S/O MAHENDRA KUMAR KHARE, AGED ABOUT 44 YEARS, R/AT NEAR ARYA VIDHYA PEETH SCHOOL, DEVRE COLONY SOUTH CIVIL LINE, CHHINWARA, MADYA PRADESH, PIN-480001. AS PER CHARGE SHEET R/AT NO. B-4014, BOGANAHALLI ROAD, KADUBISANAHALLI, BANGALURU-560 003. …PETITIONER (BY SRI SIJI MALAYIL, ADVOCATE) AND: 1. STATE BY HAL POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. BHAVANA SRIVASTAVA, W/O MAYANK KHARE, AGED ABOUT 43 YEARS, RESIDING AT AS PER CHARGE SHEET/FIR B-4014, BHOGANAHALLI ROAD, KADUBESANAHALLI, BANGALORE- 560103, AS PER COMPLAINT, B-4014, MAYFAIR ANTHEM APPTS. BHOGANAHALII ROAD, KADUBESANAHALLI, BANGALORE-560087. …RESPONDENTS (BY SRI ANOOP KUMAR M N, HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41979 CRL.P No. 10688 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE PRESENT PETITION AND SET ASIDE THE IMPUGNED ORDER DTD 21.09.2021 IN CC.NO.54725/2017, PASSED BY THE HONBLE XXIX ACJM, BENGALURU. 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 aggrieved by the order dated 21.09.2021 passed in C.C.No.54725/2017 on the file of XXIX Additional Chief Judicial Magistrate, Bengaluru. 2. Vide impugned order, the learned Magistrate has allowed the application filed by the complainant under Section 302 of Code of Criminal Procedure (for short 'Cr.P.C.'). 3. Charge sheet is filed against the petitioner for the offence punishable under Sections 498A and 420 read with Section 34 of Indian Penal Code (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short, 'DP Act'). - 3 - HC-KAR NC: 2025:KHC:41979 CRL.P No. 10688 of 2025 4. The application filed by the complainant was allowed by the learned Magistrate relying on the decisions of the Hon'ble Apex Court in the case of Zahira Habibulla H. Shiekh and Another vs. State of Gujarat and others1 and J.K. International vs. State (Govt. of NCT of Delhi) and others2 and Dhariwal Industries Limited vs. Kishore Wadhwani and others3. 5. The Trial Court has taken into consideration that if the complainant is permitted to engage the services of an Advocate of her choice to represent her case, it would give substantial justice to the parties. 6. The grievance of the petitioner is that, subsequent to the Trial Court allowing the application, the complainant is filing frivolous multiple applications, thereby taking undue advantage of the impugned order. 1 2004 (4) SCC 158 2 (2001) 3 SCC 462 3 2016 SCC Online SC 935 - 4 - HC-KAR NC: 2025:KHC:41979 CRL.P No. 10688 of 2025 7. The impugned order was passed on 21.09.2021. There is no error in the order passed by the learned Magistrate allowing the application filed by the complainant seeking permission to engage the services of an Advocate to represent her, at her own cost. If the petitioner is aggrieved by any of the orders passed subsequently, it is always open for him to challenge. There is no merit in the petition. 8. Criminal Petition is dismissed. 9. In view of the disposal of the main petition, pending I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE GVP List No.: 1 Sl No.: 22