- 1 - HC-KAR NC: 2026:KHC:6681 CRL.P No. 10576 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10576 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MRS HAMEEDA BEGUM D/O SYED ALI, W/O MOHAMMED ANWAR ALL, AGED ABOUT 57 YEARS, RESIDING AT NO.11 AND 12, 3rd CROSS, ASWATH NAGAR, THANISANDRA MAIN ROAD, BANGALORE-560 077 REPRESENTED BY HER GPA MR. MOHAMMED ANWAR ALI. …PETITIONER (BY SRI. ISMAIL MUNEEB MUSBA., ADVOCATE) AND: 1. MR ASLAM SHARIFF AGED ABOUT 38 YEARS S/O MAHABOOB SHARIFF PROPRIETOR STAR GROUP DEVELOPERS RESIDING AT 1355, 11TH CROSS, RAMAKRISHNA HEGDE NAGAR, S.R.K NAGAR POST BANGALORE - 560 077 Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6681 CRL.P No. 10576 of 2025 OFFICE: STAR GROUP DEVELOPERS NO.46/3, APJ ABDUL KALAM MAIN RD, GOVINDPURA, ARABIC COLLEGE, OPPOSITE FARIDA SHOE FACTORY BANGALORE 560 045. 2. STATE OF KARNATAKA, THROUGH GOVINDAPURA PS, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE -560 001. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R-2, R-1 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITON IS FILED UNDER 482 CR.PC (FILED U/S 528 BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09.07.2024, IN PCR NO.51857/2021 OF ACCEPTING THE B FINAL REPORT, PASSED BY THE HONORABLE XI ADDL. CMM, AT BENGALURU (MAYOHALL), PRODUCED AS ANNEXURE-A AND ETC. B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6681 CRL.P No. 10576 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question the order dated 09.07.2024, passed by the XI Addl.Chief Metropolitan Magistrate, Bengaluru, in PCR.No.51857/2021, accepting the `B' report placed before it by the officer in-charge of the police station. 2. Heard Sri Ismail Muneeb Musba, learned counsel appearing for the petitioner and Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.2 and have perused the material on record. 3. The petitioner is the complainant and the respondent No.1 is the accused. A private complaint comes to be registered in PCR.No.51857/2021. The matter is referred to investigation by the concerned Court under Section 156(3) of Cr.P.C. and a report was sought. The police after investigation, filed a `B' report on 11.03.2024. The matter stood at that stage. The orders passed on 11.03.2024 and the subsequent proceedings are found in the order sheet. The Matter was adjourned to - 4 - HC-KAR NC: 2026:KHC:6681 CRL.P No. 10576 of 2025 09.07.2024 to hear the complainant on the `B report'. The order dated 09.07.2024 reads as follows : "Complainant is absent, notice to complainant duly served, but absent and no resistance to the `B' final report. After perusal, it shows that the IO has submitted the `B' final report only after thorough investigation. Therefore, the `B' final report is accepted and the matter stands closed." 4. Merely because of the absence of the complainant on one solitary day, the concerned Court accepts the `B' report and closes the proceedings against the respondent. There has been violation of principle of natural justice, inasmuch as, one more opportunity ought to have been rendered to the petitioner prior to the acceptance of `B' report. Therefore, on this short ground, the petition deserves to succeed and the matter be remitted back to the hands of the concerned Court. Accordingly, the following : ORDER (i) The Criminal Petition is allowed. (ii) The order dated 09.07.2024, passed by the XI Addl.Chief Metropolitan Magistrate, Bengaluru, in - 5 - HC-KAR NC: 2026:KHC:6681 CRL.P No. 10576 of 2025 PCR.No.51857/2021, is hereby quashed. The proceedings are restored on the file of the concerned Court at the stage of hearing the complainant on the `B' report. The complainant shall not drag the matter further and shall appear before the concerned Court on 23.02.2026 and the concerned Court shall regulate its procedure thereafter. All contentions remain open. SD/- (M.NAGAPRASANNA) JUDGE BK List No.: 1 Sl No.: 27