- 1 - HC-KAR NC: 2025:KHC:35117 CRL.P No.3922/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.3922/2025 BETWEEN: 1. SMT. SIDDAGANGAMMA W/O SOMASHEKHARAIAH AGED ABOUT 45 YEARS R/AT DOMMANAKUPPE GOLLARAHATTY, HEBBUR HOBLI TUMAKURU - 572118. …PETITIONER (BY SRI. PURUSHOTHAMA H.E. ADV.,) AND: 1. STATE OF KARNATAKA BY ITS HEBBURU POLICE STATION TUMAKURU REPTD. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SHIVALINGAIAH S/O KENDAIAH AGED ABOUT 53 YEARS R/AT MYALANAHATTY HEBBURU HOBLI TUMKURU TALUK-572118. 3. PRAKASH C.D. S/O DODDATHOPEGOWDA T AGED ABOUT 48 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35117 CRL.P No.3922/2025 R/AT CHIKKASARANGI GULURU HOBLI TUMKURU TALUK-572118. 4. RAJANNA S/O CHIKKEGOWDA AGED ABOUT 41 YEARS R/AT DOMMANAKUPPE GOLLARAHATTY, HEBBURU HOBLI TUMKURU TALUK-572118. 5. SHIVAGANGAIAH S/O GOVINDAIAH AGED ABOUT 44 YEARS R/AT MYALANAHATTY, HEBBURU HOBLI TUMKURU TALUK-572118. 6. SIDDLINGA @ SIDDALINGAPPA @ BALEKAYI SIDDAGANGA S/O ERANNA AGED ABOUT 50 YEARS R/AT MYALANAHATTY, HEBBURU HOBLI TUMKURU TALUK-572118. 7. BETTEGOWDA S/O SIDDAPPA AGED ABOUT 47 YEARS R/AT GALIGENAHALLI, HEBBURU HOBLI TUMKURU TALUK-572118. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 SRI. S. SHIVANANDA AND SRI. K.S. RAGHAVENDRA, ADVS., FOR R2 TO R7) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO CALL FOR RECORDS. SET ASIDE THE ORDER DATED 01.03.2025 IN C.C.NO.855/2018 PASSED BY THE IV ADDL.CIVIL JUDGE AND J.M.F.C AT TUMAKURU IN RESPECT OF THE OFFENCE P/U/S 427, 506, 504, 143, 147, 149 - 3 - HC-KAR NC: 2025:KHC:35117 CRL.P No.3922/2025 AND 447 OF IPC REGISTERED BY THE HEBBUR P.S. TUMAKURU ON THE APPLICATION FILED U/S 173(8) OF CR.P.C. IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed calling in question the order passed by the learned Magistrate on an application moved by the prosecution under Section 173(8) of the Code of Criminal Procedure, 1973. 2. By the impugned order dated 01.03.2025, the learned Magistrate has declined to grant permission for further investigation as prayed for by the prosecution and accordingly rejected the said application. 3. Learned High Court Government Pleader appearing for respondent No.1 has raised a preliminary objection to the maintainability of the present petition. It is contended that the order impugned is one which is revisable under Section 397 - 4 - HC-KAR NC: 2025:KHC:35117 CRL.P No.3922/2025 Cr.P.C. and therefore, the petitioner cannot invoke the inherent jurisdiction of this Court under Section 482 Cr.P.C. 4. This Court finds merit in the objection raised by the learned HCGP. The impugned order being amenable to revision under Section 397 Cr.P.C., the present petition under Section 482 Cr.P.C. is not maintainable. 5. Accordingly, the petition is dismissed as not maintainable. However, liberty is reserved to the petitioner to avail the remedy of revision in accordance with law, if so advised. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ST List No.: 1 Sl No.: 35