- 1 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.3034 OF 2025 BETWEEN: RAKESH PRAKASH WORKING AS METRO EDITOR THE TIMES OF INDIA AT BENNETT COLEMAN AND CO. LTD. AGED ABOUT 47 YEARS HAVING ITS REGISTERED OFFICE AT THE TIMES OF INDIA BUILDING DR. D. N. ROAD, MUMBAI-400 001 AND REGIONAL OFFICE AT THE ELIXIR CHANCERY BUILDING 1ST, 2ND AND 4TH FLOORS 135 RESIDENCY ROAD, SHANTALA NAGAR BENGALURU-560 025 …PETITIONER (BY SRI SANDEEP S. SHAHAPUR, ADVOCATE) AND: 1. SRI KELACHANDRA JOSEPH GEORGE S/O. KELACHANDRA CHACKO JOSEPH AGED MAJOR R/AT PENTHOUSE ST. ANDREWS BUILDING GOLF LINK SOFTWARE PARK INTERMEDIATE RING ROAD BENGALURU-560 071 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 2. SRI N. R. RAMESH S/O. NARAYANA RAJU AGED MAJOR EX-CORPORATOR, YEDIYUR WARD R/AT NO.2910, 14TH A CROSS BANASHANKARI 2ND STAGE BENGALURU-560 070 3. DECCAN CHRONICLE 5TH FLOOR, BMTC COMMERCIAL COMPLEX 80 FEET RD, KORMANGALA BENGALURU, KARNATAKA-560 095 REPRESENTED BY MR. ADITYA SINHA EDITOR IN CHIEF …RESPONDENTS (BY SRI K. N. PHANINDRA, SR. COUNSEL FOR SRI SANDEEP C. T., ADVOCATE FOR R-1) THIS CRL.P IS FILED U/S. 482 CR.PC (FILED U/S.528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF THE CRIMINAL CASE BEARING C.C NO.56903/2021 PENDING ON THE FILE OF THE HON'BLE X ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 ORAL ORDER The petitioner is before the Court seeking the following prayers; "(i) Call for records in C.C.No.56903 of 2021 (PCR No.61 of 2019) pending on the file of the Hon'ble X Additional Chief Additional Chief Judicial Magistrate, Bangalore. (ii) Quash the entire proceedings of the Criminal Case bearing C.C.No.56903/2021 pending on the file of the Hon'ble X Additional Chief Judicial Magistrate, Bangalore; and (iii) Pass such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petition, in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri Sandeep S. Sahapur, learned counsel appearing for the petitioner and Sri. K.N. Phanindra, learned Senior Counsel for Sri Sandeep C.T., learned counsel for respondent No.1-complainant. 3. The petition is filed by a poor accused whose case has been considered in W.P.No.3068/2025 (GM-RES), disposed of on 25.06.2026, wherein this Court has held as follows; " The petitioner is before this Court calling in question the proceedings in C.C.No.56903/2021 registered for - 4 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 the offences punishable under Sections 499 and 500 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sridhar Prabhu, learned counsel appearing for the petitioner and Sri. K.N. Phanindra, learned Senior counsel for Sri. Sandeep C.T., learned counsel appearing for the respondent/complainant. 3. The respondent/complainant institutes proceedings before the concerned Court for offences punishable under Sections 499 and 500 of the IPC. On setting up of the Special Court, the matter is transferred to the Court of Session for the purpose of decision of the issue in the lis. The Court of Session takes cognizance of the offence and issues summons to the accused. This is what is called in question in the case at hand. 4. The learned Senior counsel appearing for the respondent/complainant would submit that the matter ought not to have been placed before the Court of Session, as the learned Magistrate had to deal with it, as the offence was the one punishable under Sections 499 and 500 of the IPC. 5. In identical circumstances, the learned Senior counsel would submit that the co-ordinate Bench in terms of its order dated 19.02.2026 in Crl.P.No.4209/2021 has remitted the matter back to the Magistrate's Court constituted by the very same order constituting the Regular Magistrate. The co-ordinate Bench has held as follows: - 5 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 "The present petition has been filed by the petitioner who is accused no.4 before the trial court seeking for setting aside of the order dated 17.01.2020, whereby cognizance was taken against the petitioner/accused no.4. 2. The petitioner has also sought for setting aside of entirety of proceedings in Spl.CC 48/2020 pending on the file of LXXXI Additional City Civil & Sessions Judge (CCH-91) at Bangalore. 3. At the time of hearing of the matter, it was pointed out that order of cognizance was taken by the learned Sessions Judge which was the Designated Special Court. The offences involved are Section 499 and 500 of IPC, with respect to such offences cognizance could have been taken only by the Magistrate in terms of Section 190 Cr.P.C. Though there was some ambiguity at the initial stage where Special Courts were set up to try the offences involving elected members, subsequent clarification by the Apex Court is to the effect that the Special Court would be the jurisdictional court, which would mean if the offences is to be tried by a Magistrate, then the court of Magistrate would be competent to try the offences. 4. In the present case, Section 499 and 500 IPC are triable by the Magistrate. Therefore, the proceedings before the Sessions Court were not permissible. 5. Accordingly, all proceedings subsequent to 25.11.2019 are set aside and the complaint is to be considered afresh post 25.11.2019 by the jurisdictional Magistrate. It is also clarified that as the complainant is the only elected member and no accused are elected members, the case need not be tried by the Designated Courts for M.P., MLA and elected members, however the proceedings are to be tried by the jurisdictional Magistrate. All contentions of both sides are kept open. 6. The court may consider the matter afresh without being influenced by any orders passed or proceedings made till this date. - 6 - HC-KAR NC: 2026:KHC:33222 CRL.P No. 3034 of 2025 7. In light of the present order noticing the defect in taking cognizance and issuance of process even insofar as other accused are concerned, who are not present before the court, the proceedings would have to be re- commenced from the same stage as ordered in the present petition. However, it is clarified that proceedings against accused no.3 have culminated in setting aside of the proceedings against him and such closure would not be disturbed. Accordingly, the proceedings against accused nos.1, 2 and 4 may be proceeded with in terms of the above discussion. 8. Accordingly, the petition is disposed of." In the light of the said order passed by the co- ordinate Bench, the matter is now remitted back to the concerned Court from the stage of answering the complaint/taking of cognizance, as the case would be. 6. With the aforesaid observation, the petition stands disposed. Ordered accordingly." 4. In the light of the said order, the petition deserves to succeed on the same reasons shown therein. Accordingly, the writ petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE MV, List No.: 2 Sl No.: 11