- 1 - HC-KAR NC: 2026:KHC:6055 WP No. 2016 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2016 OF 2026 (GM-RES) BETWEEN: 1. SRI. SRINIVASAN K., S/O K.THIMMARAYAPPA, AGED ABOUT 65 YEARS, R/AT NO.206/2, SANTHOSH NIVAS 13TH ‘A’ CROSS, ANJANEYA TEMPLE STREET, NAGAVARAPALYA, BANGALORE NORTH, C.V.RAMAN NAGAR, BENGALURU NORTH – 560 093. SENIOR CITIZEN BENEFIT IS NOT CLAIMED. 2. SMT. M.BHAGYARATHNA, W/O SRINIVASAN K., AGED ABOUT 60 YEARS, R/AT NO.206/2, SANTHOSH NIVAS, 13TH ‘A’ CROSS, ANJANEYA TEMPLE STREET, NAGAVARAPALYA, BENGALURU NORTH, C.V.RAMAN NAGAR, BENGALURU NORTH – 560 093. 3. SRI. VINOD, C/O SRINIVASAN K., AGED ABOUT 40 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6055 WP No. 2016 of 2026 4. SRI. VIJAY, C/O SRINIVASAN K., AGED ABOUT 35 YEARS. 5. SRI. NINAD, C/O SRINIVASAN K., AGED ABOUT 36 YEARS, PETITIONER NOS.3 TO 5 ARE R/AT SANTHOSH DHRUVATARA, BOGADI VILLAGE, KASABA HOBLI, MYSURU. …PETITIONERS (BY SRI. DINESHKUMAR RAO K., ADVOCATE) AND: SMT. DR. LALITHA K. P., W/O K.K.NANJAPPA, AGED ABOUT 54 YEARS, RESIDING AT VILLA NO. 2, SANTHOSH DHRUVATARA, BOGADI VILLAGE, KASABA HOBLI, MYSURU TALUK. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR NO. 217/2025 (FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 114, 126, 318, 324, 351 READ WITH SECTION 34 OF THE BHARATIYA NYAYA SANHITA 2023) PENDING ON THE FILE OF THE HON’BLE JMFC (III COURT) MYSURU AT MYSURU AT ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6055 WP No. 2016 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "a. Quashing the entire proceedings in PCR No. 217/2025 (for the alleged offences punishable under Sections 114, 126, 318, 324, 351 read with Section 34 of the Bharatiya Nyaya Sanhita, 2023) pending on the file of the Hon’ble JMFC (III Court) Mysuru, at Mysuru at Annexure-D. b. GRANT such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Dineshkumar Rao K, learned counsel appearing for the petitioners and have perused the material on record. 3. The petitioners even before the ink of the order that issued notice to him could dry, are before the Court calling in question proceedings at a pre-cognizance stage. Learned counsel for the petitioners submits that the complainant’s sworn statement cannot be recorded in the form of an affidavit as it is not a proceeding under Section 138 of the Negotiable - 4 - HC-KAR NC: 2026:KHC:6055 WP No. 2016 of 2026 Instruments Act, 1881. It is open for the petitioners to take the said plea before the concerned Court and not rush to this Court on every stage of the proceeding, particularly in pre-cognizance stage. 4. Therefore, the petition is disposed reserving liberty to the petitioners to urge all the contentions before the concerned Court at the appropriate time. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 146 CT:SS