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2025 DAILYLAW 81063 (KAR)

SMT. PADMINI S E v. SRI S R SWAMY

WP/24483/2025 · 2025-09-25

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39114 WP No. 24483 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24483 OF 2025 (GM-RES) BETWEEN: SMT. PADMINI S.E., W/O. K.H.DEVARAJ AGED ABOUT 60 YEARS R/AT RBI LAYOUT BENGALURU -560078. …PETITIONER (BY SRI. BABAJAN S.P., ADVOCATE) AND: 1. SRI. S.R.SWAMY, S/O RAMEGOWDA, AGED ABOUT 60 YEARS 2. SMT. KALAVATHI, W/O. SRI.S.R.SWAMY, AGED ABOUT 55 YEARS. 3. SRI. MAHESH, S/O. FATHER NAME NOT KNOWN AGED ABOUT 52 YEARS. ALL ARE RESIDENT OF NO.473, "SWATHI TOWERS" RBI LAYOUT J.P.NAGAR, 2ND PHASE, BENGALURU -560078. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39114 WP No. 24483 of 2025 AN ORDER IN PCR NO. 9684/2025 DATED. 22.07.2025 BEFORE THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGLAURU CITY IN SET ASIDE AND MATTER IS REMAND TO THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU AND REGISTER THE CASE AGAINST THE RESPONDENTS, IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The learned Magistrate, exercising jurisdiction under Section 223 of the BNSS Act, 2023, dismissed a private complaint alleging offences punishable under Sections 352, 351(2), 76, 318(4), 64, 65, and 356 of the BNSS Act, 2023. 2. This Court is of the view that the dismissal of the complaint, made prior to any action being taken under Sections 224 and 225 of the BNSS Act, 2023, does not amount to an acquittal. In such circumstances, the petitioner has an efficacious alternative remedy by way of a revision petition. Hence, the present petition under Section 482 of the BNSS Act, 2023 is not maintainable. - 3 - HC-KAR NC: 2025:KHC:39114 WP No. 24483 of 2025 3. Accordingly, the petition stands dismissed, reserving liberty to the petitioner to avail the remedy of revision in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE TIN List No.: 1 Sl No.: 36