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2025 DAILYLAW 87655 (KAR)

SRI NAGESH GOWDA v. STATE BY BELLANDUR POLICE STATION

WP/33622/2024 · 2025-07-16

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26371 WP No. 33622 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33622 OF 2024 (GM-RES) BETWEEN: 1. SRI. NAGESH GOWDA S/O SIDDEGOWDA AGED ABOUT 42 YEARS R/AT NO.393, SSR RESIDENCY FLAT NO.101, 7TH 'A' MAIN ROAD, BEML 5TH STAGE RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 2. SRI. RAJIV GANDHI S/O MURUGESAN AGED ABOUT 40 YEARS, R/AT NO.53, 1ST FLOOR, 8TH MAIN ROAD, BALAJI LAYOUT, HONGASANDRA, BENGALURU - 560 068. …PETITIONERS (BY SRI. SHESHA KARTHIK M REDDY, ADVOCATE) AND: 1. STATE BY BELLANDUR POLICE STATION MARATHAHALLI SUB-DIVISION BELLANDUR, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING KARNATAKA HIGH COURT, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26371 WP No. 33622 of 2024 AMBEDKAR VEEDHI, BENGALURU - 560 009. 2. RAGHAVENDRA S. S/O SUBRAMANAYAM, QUESS HOUSE, 3/3/2, BELLANDURU GATE, SARJAPURA ROAD, BENGALURU- 560 103. …RESPONDENTS (BY SRI. C.V.NAGESH, SR. COUNSEL APPEARING FOR SRI. RAGHAVENDRA.K, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 PRAYING TO CALL FOR RECORDS. QUASH THE IMPUGNED FIR IN CRIME NO. 835/2024 REGISTERED BY THE R-1 BELLANDUR POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 241, 3(5), 316(4), 318(3), 336 OF BNS, 2023 CONSEQUENTLY THE ENTIRE PROCEEDINGS ARISING THEREOF AS AGAINST THE PETITIONERS / ACCUSED NO.4 AND 5 AS PRODUCED IN ANNX- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: 1. Call for records; 2. Issue a writ or order in the nature of certiorari quashing the impugned FIR in Crime No. 835/2024 registered by the Respondent No.1- Bellandur Police for the offences punishable under section 241, 3(5), 316(4), 318(3), 336 of BNS, 2023, arising thereof as against the - 3 - HC-KAR NC: 2025:KHC:26371 WP No. 33622 of 2024 Petitioners/Accused No.4 & 5. As produced in Annexure A. 3. Issue such other order or direction as deemed fit in the circumstances of the case, in the interest of justice. 2. Heard the learned counsel for the petitioners and learned Senior counsel for respondents. 3. Perusal of the material on record would indicate that respondent No.2 - de facto complainant filed the impugned complaint registered as FIR in Crime No.835/2024 dated 5.12.2024 vide Annexure-A for the alleged offences punishable under Sections 241, 3(5), 316(4), 318(3), 336 of Bharatiya Nyaya Sanhita (BNS), 2023. 4. In this context, it is pertinent to note that prior to the impugned FIR in Crime No.835/2024 dated 05.12.2024, the very same respondent No.2-complainant had filed an earlier complaint registered as FIR in Crime No.695/2024 against the very same petitioners for the very same offences putting forth identical/similar allegations against the petitioners. - 4 - HC-KAR NC: 2025:KHC:26371 WP No. 33622 of 2024 5. Under these circumstances, in the light of the judgments of the Hon’ble Apex Court in the case of T.T.Antony Vs. State of Kerala and Others1 and Tarak Dash Mukharjee and Others Vs. The State of Uttar Pradesh and Others2which prohibits filing of successive FIRs on the same cause of action, I am of the considered opinion that the impugned proceedings pursuant to FIR in Crime No.835/2024 deserve to be quashed. 6. Accordingly, I proceed to pass the following ORDER i. Writ petition is allowed. ii. The impugned FIR in Crime No.835/2024 registered by the Respondent No.1- Bellandur Police for the offences punishable under section 241, 3(5), 316(4), 318(3), 336 of BNS, 2023, arising thereof as against the Petitioners/Accused Nos.4 & 5 vide Annexure A is hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE PB, List No.: 1 Sl No.: 0 1 (2001) 6 SCC 181 2 Special Leave to Appeal No.503/2020