A Magistrate's order to proceed with a case must be based on sufficient prima facie evidence, and allegations of ulterior motives in criminal proceedings stemming from civil disputes warrant careful judicial scrutiny.

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Sri. R.S.Lagali, learned counsel appearing for the petitioners, Smt. Arati Patil, learned High Court Government Pleader for respondent No.1 and Sri. Avinash A. Uploankar, learned counsel appearing for respondent No.2.

2. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhite, 2023, with the following prayer:

“Wherefore, on looking into all the above mention grounds amongst others, the petitioners most respectfully pray that this Hon’ble Court be pleased to allow this criminal petition and thereby quash the order of taking cognizance and issue of process Dt. 13-12- 2024 passed by the Hon’ble Addl. Civil Judge & JMFC Court, Shorapur, in Criminal Case No.2005/2024 (Arising out of Hunasagi PS. Crime No.65/2024) for the offences punishable under Section 329 (4) of Bharatiya Nagarik Sanhita, 2023, against them produced at Annexure-A in the interest of justice.”

3. Facts in brief which are utmost necessary for disposal of the present petition are as under:

3.1. The respondent No.2-Ningappa filed a complaint with Hunasagi Police Station on 19.07.2024 which was registered in Crime No.65/2024 for the offences punishable under Section 329 of BNS, 2023.

3.2. The gist of the complaint averments reveal that, on 18.07.2024, between 8.20 p.m. to 8.40 p.m., the petitioners herein with a common intention trespassed into Revanasiddeshwar Lodge, and they broke open the locks which were put on the office room and iron gate and illegal entered into the office room.

3.3. Said act of trespassing was noticed by Vinod i.e.

son of the complainant and a gangman Mahalingappa. After seeing the act of trespassing, Vinod came home immediately and informed the complainant about breaking open of the lock. As such, on 19.07.2024, the complainant along with his son visited Revanasiddeshwar Lodge at about 10.00 a.m. and noticed that, the petitioners were sitting in the office room.

3.4. Immediately thereafter, they rushed to the police station and lodged a complaint. The police after registering the case, investigated the matter and filed charge-sheet. On receipt of charge-sheet, learned trial Magistrate took cognizance of the offence under Section 329 (4) of BNS, 2023, by order dated 13.12.2024.

4. Order of taking cognizance and proceeding with the case is called in question in this petition by the accused persons on the following grounds:

(cid:1) The order of taking cognizance & issue of process passed by the learned Magistrate at the instance of complaint filed by the Respondent No. 2 against the Petitioners demonstrates the complete lack of application of mind by the learned Magistrate resulting in miscarriage of justice to Petitioners.

(cid:1) The order of taking cognizance & issue of process passed by the learned Magistrate against the Petitioners is against the facts and materials placed on record by the Respondents and against the basic tenets of criminal jurisprudence & same has resulted in miscarriage of justice.

(cid:1) It is respectfully submitted that, the order of taking cognizance & issue of process passed by the learned Magistrate against the Petitioners by the learned Magistrate suffers from non-application of mind as learned Magistrate has proceeded with matter in mechanical & routine manner without considering the materials placed on records as well as the totality of circumstances of the case.

(cid:1) It is respectfully submitted that, on perusal of the complaint & other prosecution records namely statements of the witnesses and even accepting them