- 1 - HC-KAR NC: 2026:KHC:32687 CRL.P No. 2812 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.2812 OF 2021 BETWEEN: SRI ISRAR SHAREEF S/O ANWAR SHAREEF AGED ABOUT 38 YEARS RESIDING AT 2134 THORABILLI ESTATE MANDIMOHALLA MYSURU - 570 021 …PETITIONER (BY SRI SAPPANNAVAR BASAVARAJ SHIVAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RMC YARD PS BENGALURU - 560 022 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. SRI. MAHENDRAKUMAR K H POLICE INSPECTOR RMC YARD PS BENGALURU - 560 022 …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; R2-SERVED AND UNREPRESENTED) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32687 CRL.P No. 2812 of 2021 THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PURSUANCE OF FIR IN CR.NO.0154/2020 DATED 27.11.2020 AT ANNEXURE-A AND THE COMPLAINT DATED 27.11.2020 AT ANNEXURE-B AND THE CHARGE SHEET DATED 15.01.2021 AT ANNEXURE-C AND THE PROCEEDINGS IN C.C.NO.1699/2021 ON THE FILE OF THE IX A.C.M.M., BENGALURU CITY REGISTERED ON THE BASIS OF CHARGE SHEET AT ANNEXURE-C FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420 AND 511 R/W 34 OF IPC SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging Crime no.154/2020 registered by RMC Yard Police Station, Bengaluru, Charge sheet and entire proceedings in CC no.1699/2021 on file of IX ACMM, Bengaluru, this petition is filed by accused no.1. 2. Sri Basavaraj S. Sappannavar, learned counsel for petitioner submitted, prosecution case against petitioner and others as disclosed in charge sheet was that at 04:30 pm on - 3 - HC-KAR NC: 2026:KHC:32687 CRL.P No. 2812 of 2021 27.11.2020, complainant received credible information about accused no.1 to 3 attempting to sell a Ganesha idol carved out of some stone by falsely claiming it to be carved from Ruby stone with intention to cheat. Complainant along with other police officials went to spot and apprehended accused in a car with idol. Alleging accused committed offences punishable under Sections 420 and 511 of IPC read with Section 34 of IPC, charge sheet was filed. 3. It was submitted that entire proceedings were liable to be quashed on solitary ground of non-compliance with mandatory procedure as held by Hon'ble Supreme Court in case of Lalita Kumari v. Government of Uttar Pradesh reported in (2014) 2 SCC 1 about failure to register complaint on receipt of information about commission of cognizable offence prior to commencement of investigation. 4. Perusal of FIR at Annexure-A would reveal that complaint was registered at 07:30 pm, whereas information was received at 04:30 pm and seizure panchanama was drawn at 05:30 pm, thereby establishing non-compliance with mandatory procedure as held by Hon'ble Supreme Court in Lalitha Kumari's case (supra). - 4 - HC-KAR NC: 2026:KHC:32687 CRL.P No. 2812 of 2021 5. In view of above, proceedings would be illegal and their continuation would amount to abuse of process, as such, petition is allowed, crime no.154/2020 registered by RMC Yard Police Station, Bengaluru, Charge sheet and entire proceedings in CC no.1699/2021 on file of IX ACMM, Bengaluru stand quashed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 29