- 1 - HC-KAR NC: 2026:KHC:12481 CRL.P No. 907 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 907 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. VINEET LUTHRA S/O. G.R LUTHRA, AGED ABOUT 44 YEARS, R/O. 73, 8TH MAIN, 6TH PHASE, 1ST STAGE, MAHAGANAPATI NAGAR, RAJAJINAGAR, BENGALURU, KARNATAKA- 560 010 …PETITIONER (BY SRI. RAMU S., ADVOCATE) AND: MRS. RITIKA SRIVATSAVA D/O. MR. DILIP KUMAR NIGAM W/O. GAURAV SRIVASTAVA AGED ABOUT 39 YEARS R/O. 31 MADHUPURAM COLONY, BITHAULI KHURD, LUCKNOW, UTTAR PRADESH-226 002 MOBILE NO. 8128935168 …RESPONDENT THIS CRL.P IS FILED U/S 482 OF THE CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.10.2025 PASSED BY THE LD. (50TH) L ADDL. CMM (L ADDL. CMM), BENGALURU IN PCR NO.2770/25 (ANNEXURE- E)., AND ETC. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12481 CRL.P No. 907 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Set aside the impugned order dated 04.10.2025 passed by the Learned (50th) L Additional Chief Metropolitan Magistrate (L Additional Chief Metropolitan Magistrate), Bengaluru in PCR No. 2770/2025 (Annexure-D); b) Direct to restoration of PCR No. 2770/2025 to the file of the jurisdictional Hon'ble XXIV Additional Chief Metropolitan Magistrate, Bengaluru, for proceedings in accordance with law; c) Call for the records of PCR No. 2770/2025 from the Hon'ble (50th) L Additional Chief Metropolitan Magistrate, Bengaluru; d) Pass such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice." 2. Heard Sri.Ramu S, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the complainant, the respondent is the accused. A private complaint comes to be registered by the petitioner alleging offences punishable under Sections 499 and - 3 - HC-KAR NC: 2026:KHC:12481 CRL.P No. 907 of 2026 500 of the Indian Penal Code. The sworn statement of the petitioner-the complainant is recorded on 15.04.2025 and two documents are marked. Petitioner has appended to the petition as on 21.08.2025, it is noticed that the case was still pending before XXIV Additional Chief Metropolitan Magistrate, Bengaluru. On 04.10.2025, it further transpires that the L Additional Chief Metropolitan Magistrate, Bengaluru, has dismissed the private complaint for its non-prosecution. The said order is under challenge in the subject petition. 4. Learned counsel appearing for the petitioner submits that the cause of action arose within the jurisdiction of XXIV Additional Chief Metropolitan Magistrate, Bengaluru, before whom the complaint was registered and the sworn statement was recorded. L Additional Chief Metropolitan Magistrate, Bengaluru could not have taken up the file and dismissed it for non-prosecution. The administrative lapse in placing the file before a different Court cannot mean the petitioner could be put to jeopardy. The website also indicates that the matter was pending before the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, on 21.08.2025. This being - 4 - HC-KAR NC: 2026:KHC:12481 CRL.P No. 907 of 2026 the fact, the L Additional Chief Metropolitan Magistrate, Bengaluru, has dismissed the petition for its non-prosecution, all on the folly of the Registry of the concerned Court in placing the matter before the L Additional Chief Metropolitan Magistrate, Bengaluru, which admittedly did not have jurisdiction. In that light, the petition deserves to succeed. 5. For the aforesaid reasons, the following: O R D E R (i) The criminal petition stands allowed. (ii) The PCR No.2770/2025 in the Court of XXIV Additional Chief Metropolitan Magistrate, Bengaluru stands restored to be placed before the appropriate Court. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 86