- 1 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.14292 OF 2023 (GM-RES) BETWEEN: 1. VIKASH KUMAR AGGARAWAL S/O NARAYANA PRASAD AGGARAWAL, AGED ABOUT 45 YEARS, R/AT NO.43B, 1ST PHASE, ROAD NO.3, JIGANI INDUSTRIAL, JIGANIHOBLI, ANEKAL TALUK, BENGALURU DISTRICT – 560 105. 2. PRAKASH KUMAR AGGARAWAL S/O NARAYANA PRASAD AGGARAWAL, AGED ABOUT 43 YEARS, R/AT NO 43B, 1ST PHASE, ROAD NO.3, JIGANI INDUSTRIAL, JIGANIHOBLI, ANEKAL TALUK, BENGALURU DISTRICT – 560 105. …PETITIONERS (BY SRI.AMIT ANAND DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JIGANI POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. MANOJ KUMAR AGGARAWAL S/O SHASHI KUMAR AGGARAWAL, AGED ABOUT 39 YEARS, NO.003, EAST END D MAIN ROAD, SUNSHINE APPARTMENT, BEHIND JAYADEVA HOSPITAL JAYANAGARA 9TH BLOCK, BENGALURU – 560 069. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 3. SRI SHIVALINGA NAIK AGE MAJOR, SUB INSPECTOR OF POLICE, JIGANI POLICE STATION, JIGANI ANEKAL TALUK BENGALURU DISTRICT – 560 105. 4. SUDARSHAN AGE MAJOR, INSPECTOR OF POLICE, JIGANI POLICE STATION, JIGANI ANEKAL TALUK BENGALURU DISTRICT – 560 105. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. V.P. KULKARNI, ADVOCATE FOR R-2 VIDE ORDER DATED 15.01.2025 NOTICE TO R-3 AND R-4 IS D/W) THIS W.P. IS FILED UNDER ARTICLES 226 AND 27 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CPC PRAYING TO QUASH THE ORDER DATED 18/01/2023 PASSED BY III ADDL. CIVIL JUDGE AND JMFC, ANEKAL IN CC NO.63/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 465, 201, 468, 471 R/W 34 OF IPC ARISING OUT OF CRIME NO.222/2021 REGISTERED BY THE R1 IN TAKING COGNIZANCE OF THE AFORESAID OFFENCE BY ISSUING A WRIT OF CERTIORARI VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “(i) Quash the order dated 18.01.2023 passed by III Addl. Civil Judge & JMFC, Anekal in C.C.No.63/2023 for the offences punishable U/Sec.406, 420, 465, 201, 468, 471 r/w 34 of IPC arising out of Crime No.222/2021 registered by the 1st respondent in taking cognizance of the aforestated offence by issuing a writ of certiorari vide Annexure-H. - 3 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 (ii) Allow this Writ Petition by issuing writ of certiorari by quashing the entire proceedings in C.C.No.63/2023 for the offences punishable U/Sec. 406, 420, 465, 201, 468, 471 r/w 34 of IPC arising out of Crime No.222/2021 registered by the 1st respondent on the file of III Addl. Civil Judge and JMFC, Anekal vide Annexure-H. (iii) Direct the Respondent numbers 2 to 4 respondent jointly and severally to pay a compensation of Rs.50,00,000/- to the petitioners for having implicated the petitioners maliciously in C.C.No.63/2023 for the offences punishable U/Sec.406, 420, 465, 201, 468, 471 r/w 34 of IPC arising out of Crime No.222/2021 registered by the 1st respondent on the file of III Addl. Civil Judge and JMFC, Anekal. (iv) Pass such other order, direction as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioners invited my attention to the impugned order dated 18.01.2023 in order to point out that the said order passed by the learned Magistrate taking cognizance of the alleged offence against the petitioner – accused person is - 4 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 completely and totally non-speaking cryptic, laconic, unreasoned order without application of mind and without assigning any reasons as to why the Trial Court was taking cognizance of the offence against the petitioner. It is therefore submitted that apart from other contentions, on merits also the impugned order in a non- speaking, unreasoned order passed by the Trial Court which deserves to be set aside and further proceedings pursuant thereto deserve to be set side. 4. Per contra, learned counsel for respondent No.2 would support the impugned order and submits that the impugned order dated 18.01.2023 is speaking order which satisfies the requirement under Section 190(1)(b) of Cr.PC and as such, there is no merit in the petition and that the same is liable to be dismissed. 5. Before adverting to the rival submissions, it would be necessary to extract the impugned order taking cognizance, which reads as under: “Perused charge sheet and all the documents submitted along with the charge sheet by the investigating agency. - 5 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 On perusal of the same, this court is satisfied at this stage that primafacie offence has been committed by the accused No.1 & 2 as alleged. The charge sheet and its enclosed papers satisfies that there exists sufficient materials to proceed against the accused no.1 & 2. Therefore cognizance is taken under section 190(1)(b) of Cr.P.C for the offences punishable U/Sec.406, 420, 465, 201, 468, 471 r/w 34 of IPC, against the accused no.1 & 2. Office to register the case as Criminal case Register No.3 against the accused no.1 & 2 for the offence punishable U/sec. 406, 420, 465, 201, 468, 471 r/w 34 of IPC. Issue summons to accused.” 6. The requirements of passing a speaking order with application mind at the time of taking cognizance has been reiterated by the Apex Court and other High Courts including this Court in several judgments as under: (i) M/s. J.M.Laboratories and others Vs. State of Andhra Pradesh and another – 2025 INSC 127; (ii) S.C.Garg Vs. State of Uttar Pradesh – 2025 SCC Online SC 791; - 6 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 (iii) Arjun Anjaneya Reddy and others Vs. State of Karnataka and another – Crl.P.No.9078/2024 dated 27.09.2024; (iv) Sanjit Bakshi Vs. State of NCT of Delhi and another – 2022 SCC Online Del. 3614 & (v) Vikas Thakur Vs. State of NCT of Delhi – 2023 SCC Online Del. 8605 7. In the instant case, the impugned order clearly indicates that except stating that the Court was satisfied with the commission of the prima-facie offence by the petitioner, the details of the charge sheet materials, documents, statement of witnesses, FIR and complaint and their veracity etc., have not been examined, scrutinized or considered by the Trial Court before passing the impugned order, which suffers from non-application of mind warranting interference by this Court in the present petition in the light of the principles laid down by the Apex Court and this Court in several judgments referred to supra. 8. Under these circumstances, I am of the view that the impugned order taking cognizance deserves to be set aside and - 7 - HC-KAR NC: 2025:KHC:29933 WP No. 14292 of 2023 matter remitted back to the Trial Court for reconsideration afresh, in accordance with law. 9. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 18.01.2023 passed in C.C.No.63/2023 arising out of Crime No.222/2021 by the III Addl. Civil Judge & JMFC, Anekal, is hereby set aside. (iii) Matter is remitted back to the Trial Court for reconsideration in accordance with law bearing in mind the observations made in this order and the principles laid down in the judgments referred to supra. (iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 15