- 1 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10964 OF 2025 BETWEEN: 1. SRI MOHAMMED SAYEED KHAN J S/O JAVID KHAN AGED ABOUT 29 YEARS R/AT NO.196, 10TH CROSS QUBA MASJID ROAD, K.E.B. COLONY UDAYAGIRI, MYSURU - 570 019. 2. SRI MOHAMMED TAHER S/O ABDUL JABBAR AGED ABOUT 30 YEARS R/AT NO.26, 1ST CROSS, 2ND MAIN GAYATHRIPURAM, UDAYAGIRI MYSURU - 570 019. …PETITIONERS (BY SRI RAMESH K.R, ADV.) AND: 1. STATE OF KARNATAKA BY LASHKAR POLICE STATION DEVARAJA SUB-DIVISION MYSURU CITY - 570 001 BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SRI NADEEM ULLA S/O LATE SAMIULLA AGED ABOUT 27 YEARS R/O. NO.765, 2ND CROSS M.G. ROAD, UDAYAGIRI MYSURU CITY, MYSURU - 570 019. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED FIR REGISTERED BY THE 1st RESPONDENT POLICE AGAINST THE PETITIONERS IN CR.NO.25/2025 OF LASHKAR P.S., DEVARAJA SUB-DIVISION, MYSURU CITY, MYSURU, FOR THE OFFENCES P/U/S 115(2),118(1),351(2),352 R/W 3(5) OF BNS, 2023, AT ANNEXURE-A, PENDING ON THE FILE OF JMFC II COURT, MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused Nos.1 and 2 seeking quashing of the impugned FIR registered by the 1st respondent police against the petitioners in Crime No.25/2025 of Lashkar Police Station, Devaraja Sub- Division, Mysuru City, Mysuru for the offence punishable under Sections 115(2), 118(1), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of the JMFC II Court, Mysuru. 2. The petitioners, who stand arrayed as accused persons in the present proceedings, have approached this - 3 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 Court under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the criminal case registered against them. The thrust of their case is that respondent No.2 – complainant, who, according to them, was, in fact, the aggressor in the incident dated 08.04.2025, has sustained grievous injuries in the course of the said incident. It is the petitioners’ version that petitioner No.1 had himself suffered serious injuries in the very same incident, necessitating his hospitalization and that this had led to the registration of Crime No.24/2025 against respondent No.2 and certain other individuals. 3. The petitioners contend that the present case has been registered purely as a retaliatory measure and is nothing but a “counter blast” to the earlier Crime No.24/2025. They maintain that they have not committed any assault upon respondent No.2 and that they were, in fact, never the aggressors in the alleged scuffle. - 4 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 4. Having heard the learned counsel for the petitioners and on perusal of the complaint lodged by respondent No.2, this Court finds that the present FIR has been filed in relation to the very same incident dated 08.04.2025. In the said complaint, respondent No.2 has alleged that the petitioners assaulted him with a rod, causing injuries, and has assigned specific overt acts to each of the petitioners. 5. At this stage, it is well settled that in situations where a case and a counter case arise from the same incident, this Court, while exercising its inherent jurisdiction under Section 482 of Cr.P.C., ought not to quash proceedings merely on the ground that the second case is a counter blast to the first. The determination of who was the initial aggressor, the authenticity of the rival versions, and the veracity of the allegations are all matters that necessarily fall within the domain of a full-fledged investigation and trial. - 5 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 6. The contention advanced on behalf of the petitioners that there are no overt acts attributed to them also cannot be accepted at this preliminary stage, especially when the complaint on record specifically details acts of assault allegedly committed by the petitioners. In a situation involving a scuffle between two groups resulting in injuries on both sides, it is incumbent upon the Investigating Officer to conduct a thorough and impartial investigation into both the case and the counter case and to place the complete facts before the jurisdictional Magistrate. 7. This Court is, therefore, of the considered view that any interference at this stage would be premature and impermissible in law. The allegations levelled in the complaint, taken at face value, disclose the commission of cognizable offences and warrant investigation. The petition is accordingly devoid of merit and is liable to be dismissed. All contentions of the parties are kept open to be urged at the appropriate stage in accordance with law. - 6 - HC-KAR NC: 2025:KHC:30434 CRL.P No. 10964 of 2025 In that view of the matter, the petition is dismissed. Consequently, I.A.No.1/2025 is also dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15