- 1 - HC-KAR CNR: KAHC010493362021 NC: 2026:KHC:52275 WP No. 24493 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 24493 OF 2021 (GM-RES) BETWEEN: SHRI NAGARAJAPPA S/O LATE BASAVARAJAPPA AGED 76 YEARS FORMER CHAIRMAN MYSORE SUGAR COMPANY LTD MANDYA R/AT NO.174, SHOMASHAILA NILAYA 2ND CROSS, VIDYANAGAR MANDYA CITY - 571 401. …PETITIONER (BY SRI. ASHOK B. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANDYA EAST POLICE STATION MANDYA REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. C PUTTASWAMY GOWDA S/O LATE CHANNAIAH AGED ABOUT 40 YEARS KAGEHALLADA DODDI VILLAGE KASABA HOBLI, MANDYA TALUK - 571 404. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1 SRI. K.L. SREENIVAS, ADVOCATE FOR R2) Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010493362021 NC: 2026:KHC:52275 WP No. 24493 of 2021 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 29.06.2019 IN PCR NO.832/2013 (C.C.NO.885/2019) PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, MANDYA WHICH IS AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Ashok B. Patil, learned counsel for the petitioner, Sri. K.L. Sreenivas, learned counsel for respondent No.2 and the learned High Court Government Pleader for respondent No.1/State. 2. Present writ petition is filed under articles 226 and 227 of the Constitution of India read with Section 482 with the following prayer: i. Set aside the Order dated 29/06/2019 in PCR No.832/2013 (C.C NO.885/2019) passed by the Hon'ble Principal Civil Judge and J.M.F.C., Mandya, which is at ANNEXURE-A. ii. Quash the entire proceedings initiated by the 2nd Respondent against the Petitioner in P.C.R.No.832/2013 - 3 - HC-KAR CNR: KAHC010493362021 NC: 2026:KHC:52275 WP No. 24493 of 2021 (C.C NO.885/2019) pending on the file of the Court of the Principal Civil Judge and J.M.F.C., Mandya, at Annexure-E, in the interest of justice and equity and; iii. Grant such other reliefs as this Hon'ble Court deems fit, on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity. 3. Main plank on which the present petition prayer is sought for by the counsel for the petitioner is when once the B-Report came to be filed by the police, protest petition is filed by the defacto complainant and without rejecting the B-Report, cognizance is taken which is against the settled principles of law. 4. Sri. K.L. Srinivas, learned counsel representing the defacto complainant - respondent No.2 does not dispute that there is an error committed by the trial Judge. 5. Therefore, a case is made out to set-aside the impugned order and remit the matter to the Trial Court for - 4 - HC-KAR CNR: KAHC010493362021 NC: 2026:KHC:52275 WP No. 24493 of 2021 fresh disposal from the stage of considering the B-Report and pass of appropriate orders. 6. Hence, following order: ORDER (i) Writ Petition is allowed. (ii) Impugned Order dated 29.06.2019 in P.C.R.No.832/2013 (C.C NO.885/2019) pending on the file of the Court of the Principal Civil Judge and J.M.F.C., Mandya, vide Annexure-A is hereby is set- aside. (iii) Matter is remitted to the Trial Magistrate for fresh disposal from the stage of accepting or rejection of the 'B' report and pass of appropriate orders in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC