- 1 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1958 OF 2024 (GM-RES) BETWEEN: 1. MRS. DORATHY SHEELA D/O MR. G. HARRY, W/O MR. ARUN DENNIS, AGED ABOUT 43 YEARS, RESIDING AT NO. 982, 9TH CROSS, 1ST MAIN, DIWANARAPALYA, BENGALURU - 560054. 2. MR. G. HARRY S/O LATE J A GABRIEL, AGED ABOUT 68 YEARS, RESIDING AT NO. 905/A, 2ND MAIN, 9TH CROSS, DIWANARAPALYA, BENGALURU - 560054. 3. MR. JOSEPH AMRITH RAJ S/O LATE IRUDARAJ, AGED ABOUT 49 YEARS, RESIDING AT NO. 870/2, 9TH CROSS, DIWANARAPALYA, BENGALURU - 560054. 4. MRS. SHIRLEY SUNITHA D/O LATE IRDURAJ, AGED ABOUT 40 YEARS, RESIDING AT NO. 870/2, 3RD MAIN, 9TH CROSS, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 GOKUL EXTENSION, DIWANARAPALYA, BENGALURU-560054. 5. MR. DENNIS ARUN S/O MR. RAJASHEKAR, AGED ABOUT 47 YEARS, RESIDING AT NO. 982, 9TH CROSS, 1ST MAIN, DIWANARAPALYA, BENGALURU-560054. 6. MRS. CHANDRIKA WILSON D/O MR. WILSON, AGED ABOUT 73 YEARS, RESIDING AT NO.17, SANKALP, 5TH CROSS, PAMPA EXTENSION, HEBBALKEMPAPURA, BENGALURU-560024. 7. MR. MOHAN S/O NOT KNOWN, AGED ABOUT 62 YEARS, RESIDING AT NO. 18889/4, 4TH MAIN ROAD, RPC LAYOUT, HAMPINAGAR, BENGALURU - 560040. 8. MR. SANJAY S/O G. KOTRABASAPPA, AGED ABOUT 43 YEARS, NO. 807, 5TH MAIN, VIJAYANAGAR, BENGALURU-560040. …PETITIONERS (BY SRI. SATYANARAYANA CHALKE, ADVOCATE FOR SRI. CHETAN C P., ADVOCATE FOR P1; SRI. ARVIND PATIL B., ADVOCATE FOR P2 TO P8) - 3 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 AND: 1. STATE OF KARNATAKA BY POLICE COMMISSIONER, INFANTRY ROAD, BENGALURU-560001, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. 2. VIJAYANAGAR POLICE STATION REPRESENTED BY ITS STATION HOUSE OFFICER. BENGALURU-560054. 3. MR. GABRIEL SUDHAKAR S/O LATE G. MELCHOIR, AGED ABOUT 48 YEARS, RESIDING AT NO. 944, 2ND MAIN, 9TH CROSS, DIVANARAPALYA, GOKUL EXTENSION, BENGALURU-560054. …RESPONDENTS (BY SRI. M. R. PATIL, HCGP FOR R1; R2 SERVED; SRI. JAVED S., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF THE CR.P.C. 1973, PRAYING TO CALL FOR RECORDS IN PCR NO. 19123/2021 ON THE FILE OF 4TH ACMM, ISSUED A WRIT OF APPROPRIATE NATURE TO QUASH THE ORDER DTD 08.01.2024 (ANNEXURE-E) PASSED BY THE 4TH ACMM ORDERING FOR COMPLETE RE-INVESTIGATION IN RESPECT OF THESE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the order dated 08.01.2024 passed by the 4th ACMM to complete the reinvestigation in PCR No.19123/2021, which relates to the Crime No.310/2021. 2. Learned counsel for the petitioners, placing reliance on the judgment of the Co-ordinate Bench rendered in a batch of writ petitions, would submit that on the basis of two private complaints, two crimes came to be registered in Crime Nos.310/2021 and 130/2021. The present petitioners, claiming to be beneficiaries/legatees under certain Wills, had assailed the registration of both crimes, one arising out of a police complaint and the other based on a private complaint under Section 200 of Cr.P.C. in W.P.Nos.931/2022, 976/2022 and 23182/2022. The Co-ordinate Bench, by its judgment dated 15.12.2022, allowed the writ petitions, quashed the FIRs in Crime - 5 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 Nos.310/2021 and 130/2021, and relegated the parties to proceed in Crime No.144/2020. 3. He would further contend that the complainant carried the matter before the Hon’ble Apex Court by assailing the aforesaid order of the Co-ordinate Bench, as evidenced at Annexure-C. Referring to the observations of the Hon’ble Apex Court, learned counsel would submit that the Supreme Court affirmed the order of the Co-ordinate Bench insofar as it quashed the FIRs in Crime Nos.130/2021 and 310/2021. By drawing attention to paragraphs 10 and 11 of the judgment, he would submit that the Hon’ble Apex Court permitted the complainants in Crime Nos.130/2021 and 310/2021 to file protest memos in the pending proceedings in Crime No.144/2020. Against this backdrop, he would urge that despite such clear findings, the learned Magistrate, by order dated 08.01.2024 impugned herein, has once again referred the matter for reinvestigation in Crime No.310/2021. He would submit that this order of the Magistrate is not only - 6 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 contrary to the judgment of the Co-ordinate Bench but also runs a foul of the directions issued by the Hon’ble Apex Court. 4. Per-contra, learned counsel appearing for respondent No.3 would rely upon the directions issued by the Hon’ble Apex Court in Criminal Appeal Nos.3363- 3364/2024 along with Criminal Appeal Nos.3365- 3367/2023. Referring specifically to paragraph 11 of the judgment, he would submit that liberty was expressly reserved to the complainants to file objections along with protest petitions in respect of Crime Nos.130/2021 and 310/2021, as well as Crime No.144/2020. He would therefore contend that pursuant to such liberty, the complainants have rightly filed objections in Crime No.310/2021 and hence, the impugned order does not suffer from any infirmity. Accordingly, he would request this Court to dismiss the petition. 5. Learned HCGP, also adverting to the findings recorded by the Hon’ble Apex Court in paragraphs 9 to 11 - 7 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 of the judgment, has supported the contentions of the complainant. He would submit that, in view of the specific directions contained in paragraph 11 of the judgment, the FIRs in Crime Nos.130/2021 and 310/2021 stand revived notwithstanding the earlier quashing by the Co-ordinate Bench in W.P.Nos.931/2022, 976/2022 and 23182/2021. 6. Having heard the learned counsel on record, this Court has bestowed its anxious consideration upon the judgment of the Co-ordinate Bench in the aforesaid batch of writ petitions, as well as the directions subsequently issued by the Hon’ble Apex Court. 7. Before proceeding further, this Court deems it appropriate to reproduce the relevant findings recorded by the Co-ordinate Bench in the batch of petitions (Annexure-C). Paragraphs 14 to 16, being germane for adjudication, are accordingly extracted hereunder. "14. Though the private complaint in Crime No.310/21 is comprehensive complaint but the police already seized all entire documents and took up the - 8 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 investigation in Crime No.144/2020 of Yeshwanthpura Police Station. Such being the case, allowing the investigation in Crime No.310/2021 by Vijayanagar Police Station is once again duplication of the FIR and the investigation. That apart, once all the documents were seized by Yeshwanthpura Police Station in Crime No.144/2020, the Vijayanagar Police will not get any documents and nothing remains to be seized and also nothing remains for investigation against accused persons. 15. Therefore, this Court stayed the investigation in both Crime Nos.310/2021 and 130/2021 but allowed to investigate the matter on the complaint registered by Yeshwanthpura Police Station in Crime No.144/2020. If at all the Yeshwanthpura Police Station found any material against any of the accused or any offence committed by the accused persons either under Sections 465, 468, 471, 420, 418, 120B, 463 or 506, 504 or 381 or 380 of IPC or whatever may be the offences found to be committed by the accused persons the Yeshwanthpura Police Station have liberty to investigate the matter in detail and they can file the final report in Crime No.144/2020. Therefore merely some of the offences alleged in the Crime Nos.310/2021 or 130/2021, that does not prevent the Yeshwanthpura Police Station for filing charge sheet for any of the offences after the investigation, irrespective of the offences made out in FIR in Crime No.144/2020 or not. Therefore, it is not required to be investigated by two different police in 3 different crime number which is - 9 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 nothing but duplication of investigation and abuse of process of law. That apart the civil case is pending between the parties and they are litigating before the civil court by taking similar contentions about the disputing the Execution of Will. 16. Therefore, the criminal proceedings/FIR registered against the accused persons in crime No.310/2021 registered Vijayanagar Police Station and Crime No.130/2021 registered by Yeshwanthpura Police Station based upon the PCR referred by respective Magistrate are required to be quashed." Emphasis supplied………… 8. On perusal of the extracted portion of the judgment of the Co-ordinate Bench, this Court finds that the controversy essentially arose out of five separate Wills, each of which was claimed by different beneficiaries. The beneficiaries, relying on these five Wills, initiated separate complaints which ultimately led to registration of multiple FIRs. The Co-ordinate Bench, after careful analysis, was of the considered view that the multiplicity of FIRs on the same set of allegations concerning the same subject matter was legally impermissible. It was categorically held that when the allegations in all the complaints centered - 10 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 around the very same Wills, permitting multiple FIRs to proceed would amount to abuse of process. On this reasoning, the Co-ordinate Bench quashed the FIRs registered in Crime Nos.310/2021 and 130/2021, while reserving liberty to the Investigating Officer to proceed with the investigation in Crime No.144/2020. The Investigating Officer was directed to conduct a comprehensive investigation in Crime No.144/2020 so as to encompass within it the allegations relating to all the five Wills which were also the subject matter of the complaints forming the basis of Crime Nos.310/2021 and 130/2021. 9. In this backdrop, this Court now considers it appropriate to examine the findings recorded by the Hon’ble Apex Court while disposing of the Criminal Appeals filed challenging the orders passed by the Co-ordinate Bench in the aforesaid batch of writ petitions. It is to be noticed that the order passed in W.P.No.976/2022 pertained to Crime No.310/2021 registered by the - 11 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 Vijayanagar Police Station, while the orders passed in W.P.No.931/2022 and W.P.No.23182/2021 related to Crime No.130/2021 registered by Yeshwanthpura Police Station and also Crime No.310/2021 registered by Vijayanagar Police Station. The complainants, being aggrieved by the quashing of the said FIRs, approached the Hon’ble Supreme Court. 10. The Hon’ble Apex Court, while considering the said appeals, examined in detail the reasoning adopted by the Co-ordinate Bench and addressed the issue of maintainability of multiple FIRs arising out of disputes relating to the very same subject matter, namely the five Wills. Paragraphs 6 to 11 of the judgment rendered by the Hon’ble Supreme Court are of particular significance, inasmuch as they not only clarify the scope of the investigation to be undertaken but also delineate the rights of the complainants to pursue their remedies. These observations, in the considered view of this Court, are crucial and have a direct bearing on the adjudication of the - 12 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 present petition. Therefore, it is both relevant and necessary to extract in extenso paragraphs 6 to 11 of the judgment of the Hon’ble Apex Court. "6. We may hasten to add that in FIR No.310/2021, the allegations have been further expanded alleging the theft of the articles from the house of Dr. Manhohari after her death. 7. The High Court vide the impugned judgment has quashed the FIRs (b) and (c), mentioned above, with a direction that the investigation shall be carried out in the first FIR i.e. FIR No.144/2020. 8. During the course of hearing, we are informed by learned counsel appearing on behalf of the respondent – State that the investigation in the above- stated FIR is complete and the charges heet has been filed. 9. Counsel for the complainant, in the above- mentioned FIR, however, states that a Protest Petition is being filed as the complainant is not satisfied with the outcome of the investigation. 10. Since the allegations contained in all the three FIRs are broadly similar, and the High Court has, in a way, not foreclosed the right of the complainants in the quashed FIRs, we are of the considered view that the complainants in these two cases can also be accorded locus standi to submit their objections/Protest Petitions - 13 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 before the learned Judicial Magistrate before whom the charge sheet in FIR No.144/2020 has been filed. Ordered accordingly. 11. The appeals are, thus, allowed in part and the impugned judgment of the High Court is modified with the following directions: (i) The complainants in FIR No.130/2021 and FIR No.310/2021 may submit their objections before the learned Judicial Magistrate, within two weeks. The learned Judicial Magistrate shall consider such objections along with the Protest Petition, if any, to be filed by the complainant of FIR No.144/2020. (ii) The accused as well as those who have been found innocent during the course of investigation, shall be entitled to object to the above-mentioned Protest Petition/objections and their contentions shall also be considered by the learned Judicial Magistrate while deciding the further course of action, in accordance with the law. (iii) The learned Judicial Magistrate shall take an appropriate decision whether any further investigation in terms of Section 173(8) Cr.P.C. is required or not. (iv) It is clarified that we have not expressed any opinion on the merits of the - 14 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 allegations/counter allegations made by the parties." 11. Learned counsel appearing for respondent No.3 – complainant, as well as the learned High Court Government Pleader, have strenuously contended that by virtue of the judgment rendered by the Hon’ble Apex Court, the proceedings in Crime Nos.130/2021 and 310/2021 stand revived. In order to ascertain the correctness of this submission, this Court has carefully re- examined the observations of the Hon’ble Apex Court at paragraphs 8, 9, and 11 of its judgment, which have already been extracted supra. On a close and meticulous reading of the said observations, and in particular paragraph 10, this Court finds that the Hon’ble Apex Court has made it explicitly clear that, though the proceedings in Crime Nos.130/2021 and 310/2021 stood foreclosed in view of the quashing orders passed by this Court, the complainants in those cases were nevertheless conferred with the liberty to submit their objections or file a protest petition in FIR No.144/2020. The expression employed by - 15 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 the Hon’ble Apex Court is categorical: the complainants in Crime Nos.130/2021 and 310/2021 have the locus standi to place their objections or protest petition in Crime No.144/2020, notwithstanding that they were not the original complainants in that crime. 12. Furthermore, the directions contained in sub- clause (i) of paragraph 11 of the judgment of the Hon’ble Apex Court put the matter beyond the pale of doubt. The Hon’ble Apex Court has unambiguously held that the complainants in Crime Nos.130/2021 and 310/2021 are at liberty to submit their objections along with a protest petition in Crime No.144/2020. When these directions are read conjointly with the observations in paragraph 10, this Court is of the considered view that there is neither any scope for ambiguity nor any element of confusion in the interpretation of the judgment. The clear intendment of the Hon’ble Apex Court was to relegate all the three sets of complainants those in Crime Nos.130/2021, 310/2021, and 144/2020 to pursue their prosecution in one - 16 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 consolidated proceeding, namely in Crime No.144/2020. The emphasis placed by the Hon’ble Apex Court on recognizing the locus standi of the complainants in Crime Nos.130/2021 and 310/2021 also fortifies the position that an opportunity was reserved to them to prosecute their grievances, but only within the framework of the proceedings in Crime No.144/2020 and not by way of revival of their quashed FIRs. 13. In light of the above, this Court has no hesitation in holding that the order of the learned Magistrate dated 08.01.2024, whereby the matter was referred for reinvestigation in Crime No.310/2021, is patently unsustainable. The said order not only runs contrary to the express directions of the Hon’ble Apex Court but also directly contravenes the judgment of the Co-ordinate Bench of this Court, wherein the proceedings in Crime No.310/2021 had already been quashed. The Hon’ble Apex Court, while considering the appeals against the said quashing, did not reverse or set aside the judgment of the - 17 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 Co-ordinate Bench in W.P.No.976/2022 pertaining to Crime No.310/2021. On the contrary, the Apex Court preserved only a limited liberty to the complainants to ventilate their objections in the pending proceedings in Crime No.144/2020. Hence, the order of the learned Magistrate amounts to a clear violation and misapplication of the law as declared by both the Co-ordinate Bench of this Court and the Hon’ble Apex Court. 14. Accordingly, for the reasons stated above, the petition deserves to be allowed and this Court proceeds to pass the following; ORDER (i) The petition is allowed. (ii) The impugned order dated 08.01.2024 passed by the learned IV ACMM, Bengaluru, as per Annexure–E, is hereby quashed and set aside. (iii) It is, however, needless to reiterate that the complainants in Crime Nos.130/2021 - 18 - HC-KAR NC: 2025:KHC:34862 WP No. 1958 of 2024 and 310/2021 retain their right, in terms of the liberty expressly reserved by the Hon’ble Apex Court, to participate in the proceedings in Crime No.144/2020 by filing appropriate applications, objections, or protest petitions, in accordance with law and in the manner recognized under the Criminal Procedure Code. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9