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4. Learned counsel for the petitioner submits that such notice over phone, as intimated by the jurisdictional police is not recognized under law and in fact, he was not intimated over the phone. If he had been intimated so, the petitioner would have appeared and opposed the 'B' report by filing necessary protest application.

5. Having considered the above facts and on perusal of order dated 17.08.2019, it is seen that the learned trial Judge though accepted the service of 'B' report on the petitioner, closed the case only for time being. Thus, the petitioner would always have remedy to file protest memo/application in the matter, since the case is not closed completely.

6. However, it is made clear that in the interest of justice, so as to not delay the proceedings further, the order passed by II Additional Metropolitan Magistrate, Bengaluru in Crime No.39/2019, dated 17.08.2019 is set aside. The petitioner is at liberty to file necessary protest memo/application in the above proceedings which will be considered by the Magistrate in accordance with law.

7. The petitioner is directed to file necessary protest memo/application by 24.02.2020 without any further notice. The learned Magistrate is directed to take up the matter and dispose of such protest memo/application within a period of sixty days thereafter in accordance with law.