- 1 - HC-KAR CNR: KAHC010460212026 NC: 2026:KHC:51250 CRL.P No. 10555 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 10555 OF 2026 BETWEEN: M/S. JANANI TOURS AND RESORTS PVT. LTD., NO.L-170-171, 6TH SECTOR, RING ROAD (NEAR SPATIKA (STAR) HOSPITAL, H.S.R. LAYOUT, BENGALURU - 560 102. REPRESENTED BY ITS MANAGING DIRECTOR SRI. JAGADISH KOTIAN. …PETITIONER (BY SRI SADASHIVA D, ADVOCATE) AND: THE STATE BY REGIONAL TRANSPORT OFFICER, BENGALURU (WEST), RAJAJINAGAR, BENGALURU - 560 010. REPRESENTED BY STATE PP HIGH COURT, BENGALURU - 01. …RESPONDENT (BY SRI M.V. ANOOP KUMAR, ADDL. SPP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE SAME AS INCORRECT/ ILLEGAL AND EXAMINE THE RECORDS PERTAINING THE ORDER DATED 15.02.2025 ANNEXURE-D PASSED BY THE HONBLE J.M.F.C (TRAFFIC COURT III) BENGALURU CITY OF TAKING COGNIZANCE OF THE OFFENCE P/U/S 3, 4 R/W SEC.12(1)(a) OF KARNATAKA MOTOR VEHICLES TAXATION ACT 1957 AND ISSUING ACCUSED SUMMONS TO THE PETITIONER IN C.C.NO.1112/2025. Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010460212026 NC: 2026:KHC:51250 CRL.P No. 10555 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for the respondent. 2. This petition is filed challenging the order taking cognizance on the ground that Section 223(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 "(BNSS)" is violated. 3. It is the contention that the first proviso to Section 223 of BNSS which mandates issuance of notice to the accused before taking cognizance has not been complied with while passing the impugned order. 4. Learned Additional SPP would submit that the said defect is curable and the proceedings cannot be quashed. 5. The Court has considered the contentions raised by the accused. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010460212026 NC: 2026:KHC:51250 CRL.P No. 10555 of 2026 6. It is evident that notice is not issued and the petitioner was not heard before taking cognizance as required under first proviso to Section 223(1) of BNSS. 7. Learned counsel for the petitioner would submit that the Section 242(1) of the BNSS is also violated. 8. The Court does not find any merit in the second contention. 9. Merely because the petitioner has allegedly committed offences by not paying vehicle tax for 23 quarters, it does not mean that the present complaint which is filed alleging offence is defective and a contravention of Section 242(1) of BNSS it cannot be a ground to quash the proceeding at this stage as the Court is remanding the matter to the Trial Court to comply the requirement under first proviso to Section 223(1) of BNSS. 10. Hence the following: ORDER (i) The petition is allowed-in-part. Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010460212026 NC: 2026:KHC:51250 CRL.P No. 10555 of 2026 (ii) The impugned order dated 15.02.2025 in CC No. 1112/2025 by JMFC, Bengaluru City is set aside. (iii) The matter is remitted to the Trial Court for fresh consideration. (iv) The petitioner is permitted to raise all contentions before the Trial Court. (v) Parties shall appear before the Trial Court on 05.10.2026. (ANANT RAMANATH HEGDE) JUDGE VS List No.: 1 Sl No.: 3 Digitally Signed by ANANT RAMNATH HEGDE