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2025 DAILYLAW 88866 (KAR)

SRI PALGUNI VISHWANATHA, v. STATE OF KARNATAKA

CRL.P/9950/2025 · 2025-09-15

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36746 CRL.P No. 9950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9950 OF 2025 BETWEEN: 1. SRI. PALGUNI VISHWANATHA AGED ABOUT 38 YEARS S/O JAVAREGOWDA.D.T. 2. SRI. MANISHANKAR .J AGED ABOUT 34 YEARS S/O JAVAREGOWDA.D.T. (WRONGLY SHOWN AS MANIKANTA IN FIR) PETITIONERS NO. 1 AND 2 ARE R/AT KIRIJAJI ROAD, HUNSUR TOWN MYSURU DISTRICT-571 105. …PETITIONERS (BY SRI. P. NATARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PERIYAPATNA POLICE STATION MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SRI. D.T. SWAMY AGED ABOUT 65 YEARS S/O LATE THAMMAIAH R/AT R.D. KOPPALU VILLAGE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36746 CRL.P No. 9950 of 2025 PERIYAPATNA TALUK MYSURU DISTRICT-571 107. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, AT PERIYAPATNA IN CC.NO.6/2024 DATED 27.06.2025 ON THE APPLICATION FILED U/S 319 OF CR.P.C. AND CONSEQUENTLY QUASH THE PROCEEDINGS IN CC.NO.6/2024 REGISTERED BY THE 1st RESPONDENT POLICE, FOR THE OFFENCES P/U/S 427 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned HCGP has brought to the notice of this Court that the order impugned is an order passed on the application filed under Section 319 of Cr.P.C. 2. Learned counsel for the petitioners sought to persuade this Court by contending that the petitioners have also prayed for quashing of the proceedings in Crime No.06/2024 registered for the offence punishable under Section 427 of IPC. However, this Court is of the considered opinion that such a course of action is - 3 - HC-KAR NC: 2025:KHC:36746 CRL.P No. 9950 of 2025 impermissible in law. Proceedings under Section 482 of Cr.P.C. cannot be converted into a composite petition seeking multiple and distinct reliefs. Each cause of action or challenge has to be addressed in a separate petition, and joinder of multiple prayers in one petition is procedurally unsustainable. 3. Insofar as the grievance of the petitioners against the order passed on an application filed under Section 319 of Cr.P.C. is concerned, liberty is reserved to the petitioners to challenge the said order independently in accordance with law. Similarly, liberty is also reserved to the petitioners to seek quashing of the proceedings pending in C.C.No.06/2024, more particularly, in the light of the pendency of the civil suit instituted by the petitioners’ father, which may have a bearing on the issues involved in the said criminal proceedings. 4. In view of the above observations and having regard to the settled legal position, this Court finds no merit to entertain the present composite petition. - 4 - HC-KAR NC: 2025:KHC:36746 CRL.P No. 9950 of 2025 Accordingly, the petition stands disposed of, reserving the aforesaid liberties to the petitioners. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 19