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2025 DAILYLAW 81604 (KAR)

M C KUMARA SWAMY v. MOBASSAR ALAM

CRL.P/6016/2020 · 2025-10-25

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42315 CRL.P No. 6016 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 6016 OF 2020 BETWEEN: 1. M C KUMARA SWAMY S/O LATE CHANDRAIAH AGED ABOUT 65 YEARS, NO.52/1, CHURCH STREET, BANGALORE 56001. (PARTY IN PERSON) …PETITIONER (BY SRI. S VENKATESHWARAN AND SRI.SRIRAM SINGH.,ADVOCATE) AND: 1. MOBASSAR ALAM MAJOR, AGED ABOUT 55 YEARS, CHIEF MANAGER, CORPORATION BANK, NO.26, K H ROAD, P B NO.2738, SHANTHINAGAR, BANGALORE-560027 …RESPONDENT (BY SRI. V B RAVISHANKER.,ADVOCATE (ABSENT)) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42315 CRL.P No. 6016 of 2020 THIS CRL.PETITION IS FILED U/S 482 OF CR.P.C. PRAYING THAT THIS HONORABLE COURT MAY BE PLEASED TO CALL FOR TRIAL COURT RECORDS IN PCR NO.4666/2015 BEFORE THE COURT OF 6TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND ETC., THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The instant petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), challenging an order passed on a private complaint under Section 200 of Cr.P.C by the VI Additional Chief Metropolitan Magistrate, Bengaluru dated 06.01.2020, wherein a case of defamation filed against one Rajnishwar Dayal has been dismissed. The impugned order reads as under: "Complaint filed by the complainant U/s. 200 of Cr.P.C is hereby dismissed." - 3 - HC-KAR NC: 2025:KHC:42315 CRL.P No. 6016 of 2020 2. The petitioner is having an alternative and efficacious remedy to challenge the same and a petition under Section 482 of Cr.P.C is not maintainable in this regard. 3. Further, the allegation in the PCR made by the petitioner is against one Rajnishwar Dayal, whereas in the present petition, one Mobassar Alam is made as a respondent instead of a Rajnishwar Dayal. There are no allegations made against him in his prior complaint. On this ground also, the petition is not maintainable. 4. In the view of above, the petition filed by the petitioner is hereby dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 21