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2026 DAILYLAW 43945 (KAR)

SRI. SRIRAMU.G.V v. SRI. MRUTHYUNJAYA.K.S.

CRL.P/8692/2026 · 2026-09-29

Anant Ramanath Hegde

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010409242026 NC: 2026:KHC:53893 CRL.P No. 8692 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 8692 OF 2026 BETWEEN: SRI SRIRAMU.G.V PROPRIETOR OF WRIGHT NEWS KARNATAKA, AGED ABOUT 43 YEARS, R/AT NO.1935, 8TH CROSS, TENT ROAD, JANATHA NAGARA, MYSURU-570009. …PETITIONER (BY SRI YOGESH MANOHAR DESAI,ADVOCATE) AND: SRI. MRUTHYUNJAYA.K.S, S/O KARIBASAPPA, AGED 34 YEARS, ASSISTANT EXECUTIVE ENGINEER, MYSURU CITY COPORATION SAYYAJI RAO ROAD, MYSURU CITY. R/AT NO.50, 10TH CROSS, 11TH MAIN ROAD, D.BLOCK, J.P NAGARA, MYSURU 570008. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC.1525/2024 PENDING BEFORE THE HONBLE II JMFC COURT, MAYSURU ARISING OUT OF THE ORDER IN P.C.R 549/2023 COGNIZANCE DATED 16.11.2024 DISPOSED BEFORE THE HONBLE IV JMFC COURT, MYSURU. Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010409242026 NC: 2026:KHC:53893 CRL.P No. 8692 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. This petition is filed to quash the proceedings in C.C. No. 1525/2024 pending before IV Additional JMFC Court, Mysore, arising from PCR No.549/2023, for the offence under Sections 499, 500 and 501(b) of the Indian Penal Code, 1860. 2. Learned counsel for the petitioner would submit that the complaint is filed on 21.12.2023 i.e., after the commencement of Bharatiya Nagarika Suraksha Sanhita, 2023 ('BNSS'). After complaint is filed, the statement of the complainant and his witnesses have been recorded. However, proviso to Section 223 of BNSS is not followed. 3. In addition, it is also urged that there are no materials before the Trial Court to take cognizance of the offences alleged. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010409242026 NC: 2026:KHC:53893 CRL.P No. 8692 of 2026 4. The Court is of the view that the violation of the Proviso to Section 323 of BNSS and the conditions relating to lack of materials for taking cognizance can very well be urged before the jurisdictional Sessions Court. 5. Hence, the Criminal Petition is disposed of. 6. Liberty is reserved to the petitioner to file a Revision Petition before the jurisdictional Sessions Court. 7. If such petition is filed, the time spent in prosecuting this matter from 17.06.2026 till date has to be excluded in computing the limitation. 8. It is made clear that all contentions of the parties including the contentions referred to above are kept open to be decided by the jurisdictional Sessions Court. 9. Registry shall return the documents to the petitioner after retaining xerox copies. (ANANT RAMANATH HEGDE) JUDGE GVP-List No.: 1 Sl No.: 21 Digitally Signed by ANANT RAMNATH HEGDE