- 1 - HC-KAR CNR: KAHC010226422024 NC: 2026:KHC:52283 WP No. 12096 of 2024 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.12096 OF 2024 (GM-RES) BETWEEN: SMT. LAKSHMANA D.K. S/O LATE HARIYAPA, AGED 48 YEARS, R/AT DEVASYA HOUSE, GUTHIGAR VILLAGE - 574218 SULLIA TALUK D.K.DISTRICT. …PETITIONER (BY SRI. CHANDRANATH ARIGA K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY S.H.O. OF SUBRAMANYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. YAMUNA P W/O PADMANBHA, AGED ABOUT 39 YEARS R/AT CHATRAPADY HOUSE, GUTHIGAR VILLAGE – 574 218 SULLIA TALUK, D.K.DISTRICT. …RESPONDENTS (BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER FOR R1; SRI VACHAN GOWDA, ADVOCATE FOR R2) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010226422024 NC: 2026:KHC:52283 WP No. 12096 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE CHARGE SHEET NO.05/2023 DATED 12.01.2023 IN CC NO.430/2023 PENDING BEFORE THE CIVIL JUDGE AND JMFC AT SULLIA (ANNEXURE-E) AND ETC., 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 Heard Sri K.Chandranath Ariga, learned counsel for the petitioner, Sri Vachan Gowda, learned counsel for respondent No.2 and Smt.Waheeda M.M., learned High Court Government Pleader for respondent No.1. 2. Petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure with the following prayer: “(a) Quash the charge sheet No.05/2023 dated 12.01.2023 in C.C.No.430/2023 pending before the Civil Judge and JMFC at Sullia (Annexure-E); and (b) Quash the order of cognizance dated 26.10.2023 in C.C.No.430/2023 pending before the Civil Judge and JMFC at Sullia (Annexure-F); and - 3 - HC-KAR CNR: KAHC010226422024 NC: 2026:KHC:52283 WP No. 12096 of 2024 (c) Quash the complaint dated 20.10.2022 in C.C.No.430/2023 pending on the file of the Civil Judge and JMFC at Sullia (Annexure-C); and (d) Quash the FIR in Crime No.98/2022 pending before Civil Judge and JMFC at Sullia (Annexure-D);” 3. Having heard the arguments of the parties, it is noted that petitioner’s complaint is registered in Crime No.97/2022 at about 08.45 p.m. on 20.10.2022 by Subramanya Police Station, Sullia Circle, Dakshina Kannada, and the complaint given by respondent No. 2 is registered in Crime No.98/2022 at about 10.45 p.m. on the very same day by very same police. 4. Since it is a case and counter case, and charge sheet is filed, trial is to be conducted strictly in accordance with the guidelines issued by the full bench of this Court in the case of State of Karnataka, by circle Inspector of Police v. Hoskeri Ningappa and another reported in ILR 2012 KAR 509. 5. Further it is directed that the learned Trial Magistrate is required to conclude the trial and hear the arguments one after - 4 - HC-KAR CNR: KAHC010226422024 NC: 2026:KHC:52283 WP No. 12096 of 2024 the other and pass judgment one after the other as per guidelines in Hoskeri Ningappa supra. 6. With that observation, the following: ORDER Writ Petition disposed of. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 75 CT:VRR