Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010356592021 NC: 2026:KHC:38139 CRL.P No. 7535 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 7535 OF 2021 BETWEEN:
SRI K T CHANDRASHEKARA AGED ABOUT 57 YEARS, S/O THIMMEGOWDA R/O VENKATESHWARA BUILDING 2ND FLOOR, OLD MUNICIPAL OFFICE ROAD OPPOSITE PICTURE PALACE HASSAN TOWN - 573 201 HASSAN TALUK AND DISTRICT.
…PETITIONER (BY SRI CHETHAN B., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY HASSAN EXTENSION POLICE STATION HASSAN - 573 201 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2. CHANDRASHEKARA AGED ABOUT 45 YEARS, S/O MANJAIAH R/O SILVER JUBLI PARK ROAD HASSAN TOWN - 573 201 HASSAN TALUK AND DISTRICT.
…RESPONDENTS (BY SRI SURYA MUKUNDARAJ L., ADDL.SPP FOR R1/STATE;
R2 - SERVED & UNREPRESENTED)
Digitally signed by ANUSHA V Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010356592021 NC: 2026:KHC:38139 CRL.P No. 7535 of 2021
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN PCR.NO.670/2021 PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN WITH RESPECT TO FIR IN CR.NO.184/2021 REGISTERED BY THE RESPONDENT NO.1 HASSAN EXTENSION POLICE STATION FOR THE OFFENCE ALLEGED U/S 405,416,468,420,504,506,149 OF IPC WHEREIN THE PETITIONER HEREIN IS ARRAYED AS ACCUSED NO.7 AS PER ANNEXURE-A AND B RESPECTIVELY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Seeking for quashing of entire proceedings in PCR no.670/2021 on file of IV Additional Civil Judge and JMFC at Hassan and registration of FIR in Crime no.184/2021 by Hassan Extension Police Station for offences punishable under Sections 405, 416, 468, 420, 504, 506 and 149 of Indian Penal Code, 1860 (IPC), this petition is filed.
2. Sri B Chethan, learned counsel for petitioner submitted that petitioner was accused no.7 in a private complaint filed by respondent no.2-complainant in PCR no.670/2021. It was submitted that petitioner was challenging proceedings on ground of non-filing of affidavit containing material allegations against accused held mandatory by Hon'ble
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HC-KAR
CNR: KAHC010356592021 NC: 2026:KHC:38139 CRL.P No. 7535 of 2021
Supreme Court in case of Priyanka Srivastava v. State of Uttar Pradesh and others reported in (2015) 6 SCC 287. It was submitted that on very said contention, this Court in Crl.P. no.7164/2021 filed by accused no.1, 2, 3, 5 and 6 in very same proceedings, had allowed petition on 12.09.2022. Producing a copy of said judgment, learned counsel submits that petition is squarely covered by said decision and seeks for disposal on like terms.
3. Learned Additional SPP for respondent no.1 on perusal of judgment would concur. Respondent no.2 is served but unrepresented.
4. When this Court has taken a view that filing of private complaint without being accompanied with an affidavit as mandated in Priyanka Srivastava's case would be untenable, in very same proceedings insofar as accused no.1, 2, 3, 5 and 6, Same would enure to petitioner herein who is accused no.7.
5. Consequently, petition is allowed in terms of
judgment dated 12.09.2022 passed by this Court in Crl.P. no.
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HC-KAR
CNR: KAHC010356592021 NC: 2026:KHC:38139 CRL.P No. 7535 of 2021
7164/2021, reserving liberty to complainant to take such other recourse in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE
YKL List No.: 1 Sl No.: 37