- 1 - HC-KAR NC: 2026:KHC:28590 CRL.P No. 4459 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.4459 OF 2019 BETWEEN: 1. SMT. B K NANDAKUMARI W/O SRI N C YOGANANDASWAMY AGED ABOUT 38 YEARS R/A NO.24, 2ND CROSS, BABUSAPALYA, BANGALORE. 2. SRI A KRISHNA MURTHY S/O SRI N ANJINAPPA AGED ABOUT 68 YEARS R/A NO.24, 2ND CROSS, BABUSAPALYA, BANGALORE. …PETITIONERS (BY SRI SAPPANNAVAR S BASAVARAJ, ADVOCATE) AND: 1. SMT. S PADMA PRIYA D/O SRI P SRINIVASA RAGHAVAN AGED ABOUT 42 YEARS, 2. SRI P SRINIVASA RAGHAVAN S/O SRI K PARTHASARATHY AGED ABOUT 71 YEARS BOTH ARE PERMANENTLY R/A NO.13 BRINDAVAN NAGAR PALAVANTHAGAL CHENNAI - 600 114. BOTH ARE PRESENTLY AT #21, 4TH CROSS DAYANANDA LAYOUT, RAMAMURTHY NAGAR, BANGALORE - 560 016. …RESPONDENTS [BY SRI D R SUNDARESHA, ADVOCATE FOR R1 & R2 (AB)] Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28590 CRL.P No. 4459 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 01.02.2017 AT ANNEXURE-A AND THE IMPUGNED ORDER DATED 30.10.2018 AT ANNEXURE-B IN C.C.NO.58926/2018 ON THE FILE OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGLAURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in PCR no.50518/2017 and impugned order dated 30.10.2018 in CC no.58926/2018 on file of XI Addl. Chief Metropolitan Magistrate, Bengaluru, this petition is filed. 2. On previous date, matter was heard for sometime, wherein Sri Basavaraj S. Sappannavar, counsel for petitioners had urged two grounds i.e. "firstly learned Magistrate ought not to have taken cognizance of offence under Section 471 of IPC on a private complaint, in absence of complaint in writing of Court or Officer of Court as required by Section 195 (1) (b) (ii) of CrPC and secondly endorsement by learned Magistrate on private complaint 'Complainant' present, register and put-up would indicate non-application of mind calling for interference." - 3 - HC-KAR NC: 2026:KHC:28590 CRL.P No. 4459 of 2019 Since counsel for respondents - complainants was absent, matter was adjourned to provide him opportunity. However, even today there is no appearance. 3. Since matter is of year 2019, it is taken up for disposal. As noted above, this petition is by accused challenging order of learned Magistrate taking cognizance of offences and ordering summons to accused. Perusal of Annexure-A - private complaint filed by respondents – complainants would reveal an endorsement by learned Magistrate as follows: "Complainants are present. Register and put up for suit summons by 23.02.2017" 4. Hon'ble Supreme Court in case of Delhi Race Club v. State of Uttar Pradesh and Anr., reported in (2024) 10 SCC 690, has held act of taking cognizance and issue of suit summons without application of mind would be unsustainable and submits that on ground of absence of reasons, petition requires to be allowed. 5. Heard learned counsel and perused material on record. 6. At outset, petitioners are challenging proceedings in CC no.58926/2018 on file of XI Addl. Chief Metropolitan - 4 - HC-KAR NC: 2026:KHC:28590 CRL.P No. 4459 of 2019 Magistrate, Bengaluru, registered in pursuance of private complaint filed by respondents - complainants. As rightly submitted, learned Magistrate has endorsed complainants' presence and directed registration of complaint and issuance of summons. 7. Hon'ble Supreme Court in Delhi Race Club's case (supra) as well as in Priyanka Srivastava and Anr. v. State of Uttar Pradesh and Ors., reported in (2015) 6 SCC 287 has highlighted need for assigning reasons to show application of mind by learned Magistrate to material relied on. On finding sufficiency to proceed with registration of complaint and issuance of suits summons. Endorsement on complaint at Annexure-A would violate legal mandate. Hence, on said short ground, petition is allowed, proceedings in PCR no.50518/2017 and impugned order dated 30.10.2018 in CC no.58926/2018 on file of XI Addl. Chief Metropolitan Magistrate, Bengaluru are quashed. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 24