- 1 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5423 OF 2026 (GM-RES) BETWEEN: ATUL SADANAND KAMATH SON OF SADANAND AGED ABOUT 65 YEARS RAGHAVENDRA KAMATH RESIDING AT NO. 4A DEAVILLE APARTMENTS NO. 19, CHURCH STREET BENGALURU - 560 001. …PETITIONER (BY SRI ASHWIN RADHAKRISHNAN, ADVOCATE) AND: THE STATE OF KARNATAKA BY HALASURU POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL. SPP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO DIRECT THE RESPONDENT TO FURNISH A COPY OF FIR AND COMPLAINT IN CR. NO. 755/1996, FOR THE Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 OFFENCES PUNISHABLE U/SS. 3 AND 4 OF THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978, REGISTERED BY THE RESPONDENT HALASURU POLICE, PENDING ON THE FILE OF X ADDL. CHIEF JUDICIAL MAGISTRATE, MAYOHALL, BENGALURU. 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 the following prayer: “a. Call for the relevant records; b. Issue a Writ in the nature of Mandamus or any other appropriate writ to direct the Respondent to furnish a copy of FIR & Complaint in Cr. No. 755/1996, for the offences punishable u/ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, registered by the Respondent Halasuru Police, pending on the file of X Addl. Chief Judicial Magistrate, Mayohall, Bengaluru; C. Issue a Writ in the nature of Mandamus or any other appropriate writ to direct the Respondent to furnish a copy of Final Report in C.C. No.22796/1998 (arising out of Crime No. 755/1996 registered by the Respondent Halasuru Police for offences u/ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, pending on the file of X Addl. Chief Judicial Magistrate, Mayohall, Bengaluru; d. Quash all further proceedings in C.C. No. 22796/1998, arising out of Crime No. 755/1996 registered by the Respondent Halasuru Police, for offences punishable under u/ss. 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 pending on the file of the Ld. X Addl. Chief Judicial Magistrate, Mayohall, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 e. Issue any other order or direction as this Hon'ble Court may deem fit in light of the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Sri Ashwin Radhakrishnan, learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent. 3. Facts in brief, germane, are as follows: The petitioner claims to be a businessman and is residing in Bengaluru for the last 40 years. He is an Indian passport holder for the last 45 years, after it having been granted in the year 1981. He has renewed the passport multiple times. The petitioner on 04.03.2025 applies online for renewal of his passport. The Regional Passport Officer then issues an acknowledgment that the renewal is granted and the passport is issued to the petitioner. The Cubbon Park Police, in the interregnum conducted background verification as was necessary under the Indian Passport Act, 1967 and informed that the name of the petitioner is indicated as an accused in Crime No.755/1996, before the Halasruru Police Station, for the - 4 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 offences punishable under Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, a crime of 30 years vintage, which is still pending. The police appear to have conducted investigation and after investigation, have filed their final report / charge sheet in C.C.No.22796/1998 for the afore-quoted offences, which is still pending before the 10th Additional Chief Judicial Magistrate, Mayohall, Bengaluru. 4. The petitioner claims that he has received the said information and had no knowledge about the crime that is registered against him or the charge sheet being filed in the said crime. The petitioner then seeks to secure an information and the police informed that they do not have any records in the police station concerning the aforesaid crime or the charge sheet. The petitioner is said to have knocked at the doors of the police station twice or thrice, only to get the same answer. The Regional Passport Officer on the information received by the police station sought explanation at the hands of the petitioner, as to why the information regarding the pendency of the criminal case is not divulged. The petitioner then prefers an application under the provisions of the Right to Information - 5 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 Act. Even then, the police have rendered certain reply/documents to the applications submitted under the provisions of the Right to Information Act, which are not in full. The petitioner sought to access the police IT database and there was no indication of the crime or the records of the charge sheet. It is under these circumstances that petitioner is before this Court in the subject petition. 5. A perusal at the pleadings made in the petition would clearly indicate that permitting to conduct trial in the proceedings in C.C.No.22796/1996, pending before the 10th Additional Chief Judicial Magistrate, Mayohall, Bengaluru (arising out of Crime No.755/1996 of Halasuru Police Station), would undoubtedly become an abuse of the process of the law and weapon of harassment for the simple reason that the records of crime or the charge sheet is untraceable today, as it is 30 years old. If the police have failed in their statutory duty to maintain and furnish the records, the petitioner cannot now be asked to bear the sword of the crime hanging on his head. - 6 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 6. A perusal at the complaint so registered would clearly indicate that it was registered for the purpose of recovery of money. Therefore, all of these circumstances, where there are no records to know the details of crime or the charge sheet filed after the investigation by the police, permitting further proceedings to continue against this petitioner would only be a sword hanging on the head of the petitioner, in the case of decades. In that light, I deem it appropriate to exercise my jurisdiction under Section 528 of the BNSS, Section 482 of the Cr.P.C., the earlier regime and obliterate the crime so registered against the petitioner. 7. In view of the obliteration of the proceedings in C.C.No.22796/1998, prayer Nos.1 and 2 do not survive for consideration. 8. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. - 7 - HC-KAR NC: 2026:KHC:19133 WP No. 5423 of 2026 b. The impugned proceedings in C.C.No.22796/1998, pending before the 10th Additional Chief Judicial Magistrate, Mayohall, Bengaluru, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 60