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2026 Supreme(Online)(Kar) 8509

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
MR M CHANDRASHEKAR – Appellant
Versus
MR SRIDHARA – Respondent
CRL.P 6125/2024



Reserved on :21.01.2026 Pronounced on :04.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.6125 OF 2024 BETWEEN:

MR.M.CHANDRASEKHAR S/O M. BALARAMAIAH AGED ABOUT 50 YEARS ADGP, INTERNAL SECURITY DIVISION, NO.60, RICHMOND ROAD, BENGALURU – 560 025.

... PETITIONER (BY SRI S.BASAVARAJ, SR.ADVOCATE A/W SMT.BHANU H.M., ADVOCATE)

AND:

1 . MR.SRIDHARA S/O M.SHAMANNA AGED ABOUT 46 YEARS NO.87, 6TH CROSS ROAD, 25TH MAIN ROAD, 1ST SECTOR HSR LAYOUT BENGALURU – 560 034.

2. THE STATE OF KARNATAKA STATION HOUSE OFFICER ANEKAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

AMENDED VIDE ORDER DATED 07.01.2026 ... RESPONDENTS (BY SRI SANDESH J.CHOUTA, SR. ADVOCATE A/W SRI SUNIL KUMAR S., ADVCOATE FOR R-1; SRI B.N.JAGADEESHA, ADDL.SPP FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER OF COGNISANCE DATED 25-4-2024 AND ALL FURTHER PROCEEDINGS IN P.C.R.NO.152/2024 FOR THE PUNISHABLE OFFENCES UNDER SECTION 420, 388, 384, 365 R/W SEC.34 OF IPC, PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC ANEKAL, BENGALURU RURAL.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The subject petition is preferred by accused No.2, an officer of the Indian Police Service in the cadre of Additional Director General of Police, calling in question the complaint in PCR No.152 of 2024 for the offences punishable under Sections 420, 388, 384, 365 r/w Section 34 of the IPC and the order of reference by the learned Magistrate thereto.

2. Heard Sri S.Basavaraj, learned senior counsel appearing for the petitioner, Sri Sandesh J.Chouta, learned senior counsel appearing for respondent No.1 and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.2.

3. The facts, in brief, germane are as follows: -

The petitioner was, at the relevant point in time, working as Additional Director General of Police at the Internal Security Division, Bangalore. He is said to have put in close to 27 years of service. During discharge of his official duties, the petitioner is said to have come across several individuals registering various complaints reporting commission of crimes. The 1st respondent/complainant had met the petitioner when he was Additional Director General of Police, ISD to register a complaint against a suspended police officer by name K.K. Kishore Kumar who was attached to the ISD. The averment in the petition is that, except the said meeting there is absolutely no acquaintance or connection with the 1st respondent/complainant at any point in time. Further averment in the petition is that, the complainant is a rowdysheeter having questionable integrity, as several crimes are registered against the complainant which are tabulated in the memorandum of petition. When things stood thus, the complainant registers a private complaint invoking Section 200 of the Cr.P.C., in PCR No.152 of 2024 seeking a direction at the hands of the concerned Court to register a criminal case and conduct trial. Insofar as the petitioner is concerned, the offences under Sections 420, 388, 384, 365 r/w 34 of the IPC were alleged. The reference for investigation by the concerned Court is what has driven the present petitioner/accused No.2 to this Court in the subject petition.

4. The learned senior counsel Sri S. Basavaraj appearing for the petitioner would vehemently contend that in the entire complaint two paragraphs are dedicated to the petitioner. Both these paragraphs narrate a particular incident of the year 2022. If the incident has happened in the year 2022 and the complainant has kept quiet without registering the complaint, the private complaint filed in the year 2024 should be nipped in the bud.

Complainant has

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