- 1 - HC-KAR NC: 2026:KHC:9564 CRL.P No. 3790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3790 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. H. LAKSHMAMMA SINCE DEAD BY LRS SRI NAGARAJU H., S/O HUCHCHAVEERAIAH, AGED ABOUT 55 YEARS, NO.543, 9TH MAIN ROAD, M..C LAYOUT, VIJAYANAGARA, BENGALURU - 560040. …PETITIONER (BY SRI. RAMESH CHANDRA, ADVOCATE) AND: 1. MR. MUSHTQUE AHMED S/O ELMUDEIN, AGED ABOUT 46 YEARS, NO.52, 9TH MAIN ROAD, PADARAYANAPURA MYSORE ROAD, BENGALURU -560026. 2. MR. A. MOHAMMED KALEEMULLA S/O R. MOHAMMED ATHAULLA AGED ABOUT 53 YEARS, NO.1, 13TH MAIN ROAD, M C LAYOUT VIJAYANAGAR, BENGALURU - 560040. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9564 CRL.P No. 3790 of 2024 3. JALEEL AHMED S/O SYED AHMED, AGED ABOUT 52 YEARS, NO.59, 9TH, CROSS, J.J.R. NAGAR, BENGALURU - 560023. …RESPONDENTS THIS CRL.P. IS FILED U/S 482 CR.PC., PRAYING TO ALLOW THIS CRIMINAL PETITION AND SET ASIDE THE ORDER DATED 23.11.2023 OF THE IV ACMM BENGALURU IN PCR NO.2280 OF 2016 AND RESTORE THE COMPLAINT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking to set aside the Order dated 23.11.2023 passed by the IV Additional Chief Metropolitan Magistrate, Bengaluru, in PCR No.2280/2016 and restore the complaint in question, in the interest of justice. 2. Heard Sri. Ramesh Chandra, learned counsel appearing for the petitioner and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:9564 CRL.P No. 3790 of 2024 3. The petitioner is the son of the complainant. A private complaint comes to be registered in PCR No.2280/2016 for the offences punishable under Sections 406 and 420 of the IPC. The matter comes to be referred to the Police for investigation. The Police after investigation file a B report. The complainant-mother of the petitioner challenges the B report by filing a protest petition. Thereafter, the mother of the petitioner, owing to ailments, remained absent before the concerned Court. The concerned Court on a particular day dismisses the complaint for its non-prosecution. The order of the concerned Court reads as follows: "Matter called at 2.00 p.m. Complainant absent. No representation hence call on later at post lunch session by 2.45 p.m. Matter called repeated at 2.45 P.m. 3.15 P.M. 4.15 P.M. 5.00 P.M and lastly at 5.30 p.m. despite which Complainant absent no representation, a perusal of order sheet reveals that there is no progress in the case till date and Complainant has not shown enthusiasm in appearing before court after filing Complaint, wherein repeated adjournments were given in absence of Complainant and even there is no representation by Learned Counsel, hence at this juncture, having due regards to the facts and circumstances of case, it is humbly opined that there is no point in giving further adjournments in absentia of Complainant and even then there no representation by Learned Counsel, having due regards to facts, circumstances and year of case, as the Complainant has not offered to proceed with hearing till date case is dismissed for non-prosecution. Accordingly matter stands disposed thereof." - 4 - HC-KAR NC: 2026:KHC:9564 CRL.P No. 3790 of 2024 In the light of the aforesaid circumstance, I deem it appropriate to grant one opportunity to the petitioner as the petitioner is the son of the victim. 4. The petitioner shall appear before the concerned Court. In the event, the petitioner would not appear before the concerned Court by 27.03.2026, the order of dismissal of the complaint would be confirmed. 5. With the aforesaid observation, the Criminal Petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE sac List No.: 2 Sl No.: 2