IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1345 OF 2023 BETWEEN:

1. SRI. D. PARTHASARATHI, DEAD BY LRS.

1(A) SMT.SATHYAVATHY, AGED ABOUT 86 YEARS, W/O.LATE D.PARTHASARATHY, RESIDING AT NO.7, LAXMI KRUPA, PARK ROAD, BALEPETE, NEAR CHIKKA LALBAGH, UPPARPET, BANGALORE - 560 053.

1(B) SMT.VIJAYALAKSHMI MD., Digitally AGED ABOUT 63 YEARS, signed by D/O.LATE D.PARTHASARATHY, KAVYA R RESIDING AT NO.165, Location: 5^TH MAIN, NCR II STAGE, High court of II PHASE, NEAR NANDINI THEATRE, Karnataka MAHALAKSHMIPURAM, BANGALORE - 560 086.

1(C) SRINATH, AGED ABOUT 58 YEARS, S/O.LATE D.PARTHASARATHY, RESIDING AT NO.7, LAXMI KRUPA, PARK ROAD, BALEPETE, NEAR CHIKKA LALBAGH, UPPARPET, BANGALORE - 560 053.

1(D) SMT.MANJUNATH, AGED ABOUT 51 YEARS, S/O.LATE D.PARTHASARATHY, RESIDING AT NO.7, LAXMI KRUPA, PARK ROAD, BALEPETE, NEAR CHIKKA LALBAGH, UPPARPET, BANGALORE - 560 053.

…PETITIONER (BY SRI.KARTHIK S, ADVOCATE A/W SRI.H.C.SHIVARAMU, ADVOCATE)

AND:

1. SRI.SUDHAKAR, S/O PEARL, MAJOR, R/AT NO.15/4, 5TH CROSS, MISSION ROAD, KARAGAPPA GARDEN, BENGALURU - 560 027.

2. SMT.FLORENCE REETA, W/O S DAVID LAWRENCE, MAJOR, R/AT NO.114, VIVEKNAGAR POST MAIN ROAD, OPP CHOICE TAILORS BENGALURU - 560 047.

3. SMT.SARA SWARNALATHA, W/O LATE MATHEW PETER, MAJOR, R/AT NO.2, 2ND CROSS, KENCHAPPA BADAVANE, VARANASI MAIN ROAD, ANANDAPURA, BENGALURU - 560 036.

(DELETED VIDE ORDER DATED 20.02.2026)

4. SMT.HANA RATHANVATHI, W/O PRADEEP KUMAR, AGED ABOUT 63 YEARS, RA/T NO.316, 1ST MAIN, 5THC ROSS, AMARAVATHI NAGAR, BANGARPET, KOLAR DISTRICT - 563 114.

5. HENRI ABRAHAM PETER, S/O LATE MATHEW PETER, AGED ABOUT 38 YEARS, RA/T NO 2, 2ND CROSS, KENCHAPPA BADAVANE, VARANASI MAIN ROAD, ANANDAPURAM, BENGALURU - 560 036.

(DELETED VIDE ORDER DATED 20.02.2026)

6. PRDEEP KUMAR, S/O LATE S PAUL RAJ, AGED ABOUT 63 YEARS, R/AT NO.317, 1ST MAIN, 5TH CROSS, AMARVATHI NAGAR, BANGARPET, KOLAR DISTRICT - 563 114.

7. DAVID LAWRENCE WILFRED, S/O LATE SAMUEL PAUL, MAJOR, RA/T NO.144/B, VIVEKNAGAR POST, MAIN ROAD, OPP CHOICE TAILORS, BENGALURU - 560 047.

8. SRI D REBECA CHRISTIAN, D/O DAVID LAWRENCE WILFRED, RA/T NO.144/B, VIVEKNAGAR POST, MAIN ROAD, OPP CHOICE TAILORS, BENGALURU - 560 047.

9. SMT.D.SHEEBA PAUL, D/O.DAVID LAWRENCE WILFRED, RA/T NO.144/B, VIVEKNAGAR POST, MAIN ROAD, OPP CHOICE TAILORS, BENGALURU - 560 047.

10. PETER ANANDRAJU, S/O LATE SAMUEL SUNDAR RAJ, AGED ABOUT 62 YEARS, RA/T NO.11, 5TH B CROSS, R A ROAD, EJIPURA, VIVEKNAGAR POST, BENGALURU - 560 047.

11. SMT SERINA IRINI ELIJEBETH RAJU, W/O PETER ANANDARAJU, MAJOR, RA/T NO.11, 5TH B CROSS, R A ROAD, EJIPURA, VIVEKNAGAR POST, BENGALURU - 560 047.

…RESPONDENTS (BY NOTICE TO R1 IS HELD SUFFICIENT, V/O/D: 08.01.2025;

R2, R4, R6, R10 & R11 SERVED & UNREPRESENTED;

SERVICE OF NOTICE ACCEPTED IN R/O R7 TO R9 V/O/D: 08.01.2025;

R3 & R5 ARE DELETED V/O/D: 20.02.2026)

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE A IMPUGNED ORDER DATED 22.02.2019, MARKED AS ANNEXURE-J AND DIRECT AND TRIAL COURT TO REGISTER CRIMINAL CASE AND TRY THE RESPONDENTS FOR THE OFFENCE P/U/S 418, 420, 464, 504, 506 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

The defacto-complainant is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the order dated 22.02.2019 passed in Crime No.39/2016 by the Court of Additional Chief Judicial Magistrate, Bengaluru Rural District.

2. Heard the learned counsel for the petitioner.

Respondents who are served in this matter have remained unrepresented before this Court.

3. Petitioner has filed a private complaint against the respondent in PCR.No.96/2014 before the Court of Additional Chief Judicial Magistrate, Bengaluru Rural District and the learned Magistrate on