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2026 DAILYLAW 39597 (KAR)

RAJEEV KHANNA v. B N SHIVANNA

CRL.P/13309/2023 · 2026-09-11

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR CNR: KAHC010656422023 NC: 2026:KHC:49857 CRL.P No. 13309 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13309 OF 2023 BETWEEN: RAJEEV KHANNA S/O MR. C.M. KHANNA AGED ABOUT 59 YEARS R/O 404 A WING NEELADRI MAHAL 45/6, NANDIDURGA ROAD BANGALORE - 560 046 ADDRESS IN COMPLAINT ADVANTA INDIA LIMITED NO.401, AIRPORT ROAD BANGALORE - 48. …PETITIONER (BY SRI KEERTI KUMAR, ADV.) AND: B.N. SHIVANNA ADVOCATE NO.531/1, 1ST CROSS GANDHINAGAR SUJATHA COMPLEX BANGALORE - 560 009. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO (A) QUASH THE COMPLAINT IN CRIMINAL CASE NO.42390/2010 (PCR 3977/2004) AT ANNEXURE-A, ON THE FILE OF THE HON'BLE IX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, NOW PENDING BEFORE THE COURT OF THE V ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010656422023 NC: 2026:KHC:49857 CRL.P No. 13309 of 2023 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This Petition is filed by accused no.8 with a prayer to quash the entire proceedings in C.C.No.42390/2010 pending before the Court of IX Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.17/2022 registered by Upparpet Police Station, for the offences punishable under Sections 167, 193, 194, 120(B), 330 and 331 r/w 149 of IPC. 2. Learned Counsel for the petitioner submits that the proceedings in C.C.No.42390/2010 has already been quashed by this Court as against accused Nos.1 to 8 & 10 in Crl.P.No.866/2015, Crl.P.No.3254/2016, Crl.P.No.2054/2013 & Crl.P.No.867/2015. 3. The orders passed in aforesaid petitions are made available to this Court. In Criminal Petition No.3254/2016 which was disposed of on 25.01.2023, this Court had quashed the proceedings against accused Nos.3 to 7 in C.C.No.42390/2010, on the ground that, the private complaint filed by the respondent was belated and delay was not - 3 - HC-KAR CNR: KAHC010656422023 NC: 2026:KHC:49857 CRL.P No. 13309 of 2023 satisfactorily explained and also on the ground that the learned Magistrate has proceeded to issue summons to the accused without compliance of the requirement under Section 204 of Cr.P.C. Following the said order, this Court in Criminal Revision Petition No.866/2015, by order dated 03.03.2023, has quashed the entire proceedings in C.C.No.42390/2010 as against accused Nos.1 and 2. Under the circumstances, on the ground of parity, even this criminal revision petition is required to be allowed. Accordingly, the following order: 4. Petition is allowed. The entire proceedings in C.C.No.42390/2010 pending before the Court of IX Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.17/2022 registered by Upparpet Police Station, for the offences punishable under Sections 167, 193, 194, 120(B), 330 and 331 r/w 149 of IPC, as against the petitioner herein, is quashed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK