- 1 - HC-KAR CNR: KAHC010416672019 NC: 2026:KHC:54161 WP No. 38823 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.38823 OF 2019 (GM-RES) BETWEEN: 1. SHRI. CHANDRASHEKARA BHAT (SRI CHANDRASHEKARA SWAMIJI) S/O LATE SHRI. GOVINDA BHAT, AGED ABOUT 53 YEARS, OCCUPATION: PRIEST AND ASTROLOGY, RESIDENT OF NO.70, 8TH CROSS, 2ND BLOCK, R.T. NAGAR, BANGALORE-560 032. 2. SHRI. MANJUNATHAN F GOUDAR S/O. PAKEERAPPA, AGED ABOUT 36 YEARS, WORKING AS POLICE CONSTABLE, G-COY, APC NO.2396, CENTRAL ARMED RESERVE POLICE, MYSORE ROAD, BANGALORE, PERMANENT RESIDENT OF NO.722/7, 4TH MAIN, 5TH CROSS, RANGANATHAPURA, KAMAKSHIPALYA, BANGALORE-560 079. …PETITIONERS (BY SRI SHREERAM T. NAYAK, ADVOCATE) AND: MR. GIRISH KAMATH S/O. DHAMODHAR KAMATH, AGED ABOUT 42 YEARS, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010416672019 NC: 2026:KHC:54161 WP No. 38823 of 2019 NO.14-54, SVT SQUARE, MANAMPADI, MULKI, MANGALORE TALUK, DAKSHINA KANNADA-575 001. …RESPONDENT (BY SRI AJITH ANAND SHETTY, ADVOCATE) 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 VIDE ANNEXURE-A AND B TO THE W.P. WHICH ARE RESPECTIVELY THE COMPLAINT DATED 20.6.2019 IN PC NO.22/2019 AND ORDER THEREOF DATED 14.8.2019 OF THE CIVIL JUDGE AND JMFC, MOODABIDRI TAKING COGNIZANCE AND ISSUING PROCESS AGAINST THE PETITIONERS HEREIN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the respondent has filed the memo which reads as under: “That in light of the procedural irregularity in the process of taking cognizance of offences alleged in the private complaint, as this Hon’ble Court was pleased to point out, the respondent would hereby pray that this Hon’ble Court be pleased to grant him an opportunity to examine the witness cited by him in his private complaint, alongside himself, as a prelude to the process of taking cognizance, in the interest of justice.” 2. Placing the memo on record, the following: - 3 - HC-KAR CNR: KAHC010416672019 NC: 2026:KHC:54161 WP No. 38823 of 2019 ORDER i. Petition is allowed. ii. The impugned Order dated 14.08.2019 vide Annexure-B passed by the Civil Judge and JMFC, Moodabidri, is hereby set-aside. iii. Matter remitted to the learned Trial Magistrate for fresh disposal in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 3 CT:VRR