- 1 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200428 OF 2023 BETWEEN: MOHAN S/O MAHANINGAPPA CHETTAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. H.NO. 571, VEGETABLE MARKET BILAGI, TQ. BILAGI, DIST. BAGALKOT. …PETITIONER (BY SRI BABU H. METAGUDDA, ADV.) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BENCH, KALABURAGI-585101. 2. HANAMANT BHIMAPPA KURI, AGE: 43 YEARS, OCC: DRIVER (BILAGI DEPO), R/O. BILAGI DEPO, TQ. BILAGI, DIST. BAGALKOT-585301. …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO ALLOW THE PETITION AND QUASH THE CRIMINAL PROCEEDING AGAINST THE PETITIONER IN C.C.NO. 2751/2018 I.E. PCR NO.336/2015 ARISING OUT OF CRIME NO. 289/15 OF VIJAYPUR RURAL POLICE STATION, FIR IS MARKED AT ANNEXURE-F AND CONSEQUENTLY QUASH THE ORDER DATED 14-7-2022, OF IV ADDL. CIVIL JUDGE AND JMFC Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 VIJAYPUR. ANNEXURE-H TAKING COGNIZANCE OF THE OFFENCES ALLEGED AGAINST THE PETITIONER AND ALSO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court with a prayer to quash the entire proceedings in C.C.No.2751/2018 pending before the Court of IV Addl. Civil Judge & JMFC, Vijayapura, arising out of PCR.No.336/2016. 2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 though served in the matter has remained unrepresented before this Court. 3. Learned Counsel for the petitioner submits that without passing any order on the ‘B’ final report submitted by the police, the learned Magistrate has issued summons to the petitioner which is not permissible. He submits that on the complaint of the petitioner herein, FIR in Crime No.253/2015 - 3 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 was registered against respondent no.2 for the offences punishable under Sections 279 & 304A of IPC and in the said case, the police after investigation have filed charge sheet against respondent no.2. The learned Magistrate without appreciating this aspect of the matter, has issued summons to the petitioner in the impugned criminal proceedings. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition, fairly submits that the learned Magistrate has not passed any order on the ‘B’ final report, and on the other hand, has proceeded to issue summons to the petitioner which is not permissible. 5. Perusal of the material on record would go to show that in respect of the road traffic accident that had taken place on 02.08.2015, on the basis of the first information submitted by Revansidda S/o Rudrappa Vadiyar, FIR in Crime No.253/2015 was registered against respondent no.2 herein, who was the driver of the vehicle bearing registration No.KA-42-F-1200 and in the said case, after investigation, the police have filed charge - 4 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 sheet against respondent no.2 for offences punishable under Sections 279 & 304A IPC. 6. Private complaint in PCR.No.336/2015 was filed by respondent no.2 before the Court of IV Addl. Civil Judge & JMFC, Vijayapura, and the learned Magistrate had referred the said private complaint to the police under Section 156(3) of Cr.pC. The Vijayapura Rural police, thereafter, had registered FIR in Crime No.289/2015 against the petitioner herein for the offences punishable under Sections 279 & 304A IPC who is the owner-cum-driver of the vehicle bearing registration No.KA-22- TT-1051. In the said case, the police after investigation have filed a ‘B’ final report before the learned Magistrate. It appears that respondent no.2 herein has, thereafter, filed a protest petition before the learned Magistrate opposing the acceptance of ‘B’ final report filed in Crime No.289/2015. 7. The learned Magistrate without passing any order on the ‘B’ final report filed by the police in Crime No.289/2015, has proceeded to record the sworn statement of the complainant and his witnesses, and thereafter, has proceeded to issue summons to the petitioner herein. The order sheet of the Trial - 5 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 Court would go to show that, for the reason that the petitioner had not appeared before the Trial Court inspite of service of summons, NBW has been issued against him. 8. The procedure followed by the learned Magistrate after filing of ‘B’ final report in Crime No.289/2015 is not in accordance with the law laid down by the coordinate bench of this Court in the case of DR. RAVIKUMAR VS MRS. K.M.C.VASANTHA - ILR 2018 KAR 1925. In the said case, this Court has laid down certain guidelines which the court is required to consider in a case where the police after investigation have filed ‘B’ final report. 9. The learned Magistrate after receiving the ‘B’ final report filed by the police in Crime No.289/2015, has rightly issued notice on the said ‘B’ final report to the complainant and inturn the complainant has filed a protest petition opposing the acceptance of ‘B’ final report. Thereafter, the learned Magistrate ought to have passed an order either accepting or rejecting the ‘B’ final report. It is only after such an order is passed and in the event ‘B’ final report is rejected, the learned Magistrate could have proceeded to record the sworn statement - 6 - NC: 2025:KHC-K:1290 CRL.P No. 200428 of 2023 of the complainant and his witnesses and thereafter proceeded further. 10. In the present matter, such an exercise has not been done by the learned Magistrate, and therefore, the impugned criminal proceedings to that extent gets vitiated and the same cannot be sustained. Accordingly, the following order: 11. The petition is allowed in part. The entire proceedings in C.C.No.2751/2018 pending before the Court of IV Addl. Civil Judge & JMFC, Vijayapura, arising out of PCR.No.336/2016 after receipt of protest petition filed by the respondent- complainant is quashed, and the matter is remitted to the Court of Addl. Civil Judge & JMFC, Vijayapura, to proceed further from the said stage in accordance with law taking into consideration the observations made herein above and also the law laid down by the this Court in Dr. Ravikumar’s case supra. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK