- 1 - HC-KAR CNR: KAHC010010602024 NC: 2026:KHC:51745 CRL.P No. 398 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 398 OF 2024 BETWEEN: 1. BINISH THOMAS S/O C.M. THOMAS AGED ABIOUT 47 YEARS, OCCUPATION : BUSINESS R/AT NO.B4, 418-M-122, MALAPRABHA BLOCK, KORAMANGALA NATIONAL GAMES HOUSE COMPLEX, KORAMANGALA VITH BLOCK, BENGALURU 560 095. 2. JIKKU JOSEPH S/O JOSEPH AGED ABOUT 39 YEARS OCCUPATION : PRIVATE WORK R/A NO.96, SHAMANNA LAYOUT, 5TH CROSS ROAD, OLD MILL ROAD, ARVIND NAGAR, BANGALORE CITY 560 084. …PETITIONERS (BY SRI. CHETAN JADHAV, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010010602024 NC: 2026:KHC:51745 CRL.P No. 398 of 2024 AND: 1. STATE OF KARNATAKA BY HAL POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001. 2. LAWRENCE JOSEPH S/O LATE C.O JOSEPH AGED ABOUT 41 YEARS, R/A NO.69, S.L.S VILLA HORAMAVU AGRA BANGALORE 560 043. …RESPONDENTS (BY SRI.MAHESH P., HCGP FOR R-1; SRI.K.RAVINDRANATH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER PASSED BY THE XXIX ADDL.C.M.M., BENGALURU REFERRING THE MATTER TO SHO OF HAL POLICE STATION FOR INVESTIGATION U/S 156(3) OF CR.P.C. VIDE ORDER DATED 31.10.2023 IN CPR.NO.58078/2023 PENDING ON THE FILE OF XXIX ADDL.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010010602024 NC: 2026:KHC:51745 CRL.P No. 398 of 2024 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER The short question advanced by the learned Senior Counsel appearing for the petitioners/accused Nos.1 and 2 is that the complainant, while filing the private complaint, had not filed the affidavit as required under the judgment of the Hon’ble Apex Court in Priyanka Srivastava v. State of Uttar Pradesh and Others, reported in (2015) 6 SCC 287. However, learned counsel appearing for the respondent/complainant submits that the affidavit has, in fact, been filed. Even assuming that the affidavit has been filed, the learned Senior Counsel has raised another contention that the complainant has not complied with the requirement of Section 154(1) of the Cr.P.C. This contention also requires consideration by the learned Magistrate. Reserving such liberty, petition is disposed of. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 1