- 1 - HC-KAR CNR: KAHC010483072026 NC: 2026:KHC:51308 WP No. 21614 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 21614 OF 2026 (GM-RES) BETWEEN: SMT.NANDINI C.P. W/O NAGARAJU, AGED ABOUT 44 YEARS, R/O KYATHEGOWDANA DODDS VILLAGE, MALAVALLI TALUK, NIDAGHATTA, MANDYA -571 430. PRESENTLY WORKING AS SENIOR SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR, MYSURU NORTH, MYSURU -570 004. (FORMERLY THE SENIOR SUB-REGISTRAR, NANJANGUD) …PETITIONER (BY SRI BHIKAM CHAND S AND SRI PREREET JAIN.B, ADVOCATES) AND: 1. SRI.BHARATH S D S/O UMA DEVENDRAN, GRANDSON OF LATE SRIKANTA MURTHY H R, AGED ABOUT 32 YEARS, 2. SMT. UMA DEVENDRA, W/O LATE DEVENDRAN, D/O LATE SRIKANTA MURTHY H R, AGED ABOUT 64 YEARS, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483072026 NC: 2026:KHC:51308 WP No. 21614 of 2026 BOTH THE RESPONDENTS ARE R/O NO.16/2, 12TH CROSS, WILSON GARDEN, BENGALURU - 560 027. …RESPONDENTS (BY SRI CHETHAN V, ADVOCATE FOR R2) 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 ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE IMPUGNED ORDER DATED 28-07-2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, NANJANGUD IN PCR NO. 7/2024 ALLOWING THE PRIVATE COMPLAINT AND TAKING COGNIZANCE WITHOUT SPECIFYING THE OFFENCES FOR WHICH COGNIZANCE IS TAKEN VIDE ANNEXURE - D, IN SO FAR AS THE PETITIONER IS CONCERNED 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 Prereet Jain B., learned counsel for the petitioner and Sri Chethan V., learned counsel for respondent Nos.1 and 2. 2. Present petition is filed with the following prayer: “I. Issue Writ of Certiorari or any other appropriate writ quashing the impugned Order Dated 28-07-2025 - 3 - HC-KAR CNR: KAHC010483072026 NC: 2026:KHC:51308 WP No. 21614 of 2026 passed by the Learned Senior Civil Judge and JMFC, Nanjangud in PCR No. 7/2024 allowing the Private Complaint and taking cognizance without specifying the offences for which cognizance is taken vide Annexure - 'D', in so far as the Petitioner is concerned. II. Issue Writ of Certiorari or any other appropriate writ quashing the entire proceedings in CC No. 191/2025 (Arising out of PCR No. 7/2024) pending on the file of the Hon'ble Senior Civil Judge and JMFC, Nanjangud vide Annexure - 'E', in so far as the Petitioner is concerned. III. Pleased to pass any other order or directions as this Hon’ble Court feels fit under the circumstances of the case, in the interest of justice and equity.” [Note The Offences alleged have not been mentioned in the prayer because the order taking cognizance vide Annexure - 'D' does not specify the offences for which cognizance has been taken]” 3. Prime grievance of the petitioner is that without following the requisite procedure of issuance of notice to the accused in a private complaint, cognizance taken and therefore, order needs to be set aside. 4. On perusal of the material on record, this Court finds sufficient force in the argument put forward by the petitioner inasmuch as no notice is issued by Trial - 4 - HC-KAR CNR: KAHC010483072026 NC: 2026:KHC:51308 WP No. 21614 of 2026 Court under Section 223 of BNSS before passing the impugned order. 5. As such, counsel for the respondent cannot support the impugned order as there is a procedural lapse committed by the jurisdictional Magistrate. 6. Hence, following: ORDER (i) Petition is allowed. (i) Impugned order dated 28.07.2025 passed by the learned Senior Civil Judge and JMFC, Nanjangud in PCR No.7/2024 allowing the Private Complaint and taking cognizance vide Annexure - 'D' is hereby set aside. (ii) Matter is remitted to the Trial Court to issue notice to the petitioner herein and then pass appropriate order in accordance with law. Sd/- (V SRISHANANDA) JUDGE MR, List No.: 1 Sl No.: 83, CT:VRR