Karnataka High Court
Shri Eshwar Rao Mahadic G vs Vijendra Rao V on 21 March, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC:12370
WP No. 8203 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 8203 OF 2025 (GM-RES)
BETWEEN:
SHRI ESHWAR RAO MAHADIC G,
S/O LATE D. GOVINDA RAO MAHADIC,
AGED ABOUT 89 YEARS,
RESIDING AT NO.1,
ASHWATHNAGAR, RMV, EXTENSION,
2ND STAGE, GEDDALAHALLI,
BANGALORE-560094.
...PETITIONER
(BY SRI C N RAJU, ADVOCATE)
AND:
1. VIJENDRA RAO V,
S/O VENKOBA RAO,
AGED ABOUT 48 YEARS,
NO. 109,2/3, 7TH CROSS,
6TH MAIN, SRIRAMA NAGARA,
Digitally signed by B ITTAMADU, NEAR PRESIDENCY SCHOOL,
K
MAHENDRAKUMAR BANASHANKARI 3RD STAGE,
Location: High
Court of Karnataka BENGALURU 560085,
ALSO RESIDING AT:
VIJENDR.A RAO. V,
DR. RAO MEDICAL CENTER,
RTO OFFICE BANGALORE
531, 2ND MAIN ROAD,
OPPOSITE BDA COMPLEX,
INDIRANAGAR 2ND STAGE,
HOYSALA NAGAR, INDIRANAGAR,
BENGALURU - 560038.
2. VENKATESH.T,
S/O LATE THYAGARAJ,
-2-
NC: 2025:KHC:12370
WP No. 8203 of 2025
AGED ABOUT 43 YEARS,
RESIDING AT NO.5 AND 6,
SRI SANNIDHI, 4TH CROSS,
BYRAPPA LAYOUT, NAGASHETTY HALLI,
SANJAYANAGARA, BENGALURU - 560094.
3. KARIYA NAIK,
S/O RAMA NAIK,
AGED ABOUT 50 YEARS,
RESIDING AT NO.250,
8TH CROSS, MUNESHWARA NAGARA,
ULLALA MAIN ROAD,
BANGALORE-560056.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA R/W 482 OF CPC
PRAYING TO QUASH OR SET ASIDE THE ORDER DTD.
28.02.2025 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC
DEVANAHALLI IN PCR NO. 473/2022 VIDE ANNX-E.DIRECT THE
TRIAL COURT TO EXPEDIATE THE PROCEEDINGS.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner had filed a private complaint under Section 200 Code of Criminal Procedure (for short 'Cr.P.C.'), registered for the offence punishable under Sections 420, 423, 406, 465, 468, 469, 384 read with Section 120B of Indian Penal Code (for short 'IPC').
2. Initially, Trial Court refused to refer the complaint for investigation under Section 156(3) of Cr.P.C., citing that the -3- NC: 2025:KHC:12370 WP No. 8203 of 2025 complaint was filed contrary to the guidelines issued by the Hon'ble Apex Court in the case of Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others1.
3. This Court vide order dated 01.02.2023 in Crl.P.No.790/2023 directed the Trial Court to reconsider the matter afresh either to refer the same to the Police under Section 156(3) of Cr.P.C or to take cognizance by recording sworn statement by conducting an enquiry under section 202 of Cr.P.C.
4. Following order passed by this Court, the petitioner sworn statement of the petitioner was recorded and documents were marked to substantiate allegations against the accused. The Trial Court passed the impugned order stating that a clarification is required with regard to Section 223 of BNSS, 2023 as to whether opportunities be given to the accused before taking cognizance. Complaint was filed before commencement of BNS, 2023 and the learned Magistrate was required either to refer the complaint for 1 (2015) 6 SCC 287 -4- NC: 2025:KHC:12370 WP No. 8203 of 2025 Police investigation under Section 156(3) of Cr.P.C or to take cognizance, or dismiss the complaint if no prima facie case is made out. Therefore, the impugned order passed by the Trial Court is not legally sustainable.
5. Hence, the following:
ORDER
(i) The Petition is allowed.
(ii) The impugned order dated 28.02.2025 passed by the Principal Civil Judge and JMFC, Devanahalli in PCR No.473/2022 is hereby quashed.
(iii) Learned Magistrate to pass an appropriate order in accordance with law within a period of two weeks from the date of receipt of this order.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE GVP List No.: 1 Sl No.: 69