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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.6201/2020

BETWEEN:

SRI MURALI K.S.,

S/O K.M. SATYANARAYANASHETTY

AGED ABOUT 50 YEARS

RESIDING AT No.1448

SAMRATH RESIDENCY

4^TH FLOOR, 2^ND STAGE

CHANDRA LAYOUT

BENGALURU-560072

… PETITIONER

(BY SRI RAJESH A., ADVOCATE)

AND:

1 .

STATE OF KARNATAKA

JNANA BHARATHI POLICE STATION,

BENGALURU

REPRESENTED BY OFFICE OF SPP

HIGH COURT OF KARNATAKA

BENGALURU-560001

2 .

PRASHANTH KUMAR B.V.

S/O LATE VENKATACHALAIAH

AGED ABOUT 34 YEARS

3 .

MAHIMA ANANTH

W/O PRASHANTH KUMAR B V,

AGED ABOUT 31 YEARS

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BOTH ARE RESIDING AT No.4128,

4^TH BLOCK, 1^ST FLOOR

JAYAPRIYA BHARATH ENCLAVE

SUNKADAKATTE

BENGALURU-560 091.

4 .

NITHIN AMBAT

AGED ABOUT 40 YEARS,

5 .

RAM CHANDRA

AGED ABOUT 40 YEARS,

BOTH ARE AT GIC HOUSING FINANCE LTD.

NO 96/1, 2^ND FLOOR

GOBIND TOWERS

SINGSANDRA, ELECTRONIC CITY

HOSUR ROAD

BENGALULU-560068.

… RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;

SRI N.UDAYA KUMAR, ADVOCATE, FOR R2 & R3)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED

02.11.2020 PASSED BY THE IX ACMM AT BENGALURU IN PCR

No.11536/2020 WHEREBY THE TRIAL COURT HAS DIRECTED

THE 1^ST RESPONDENT POLICE TO REGISTER A FIR AGAINST THE

PETITIONER AND OTHERS ON THE BASIS OF THE PRIVATE

COMPLAINT MADE BY THE 2^ND AND 3^RD RESPONDENT (AS PER

ANNEXURE-A).

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

This petition is filed under Section 482 of Cr.P.C. praying

this Court to set aside the order dated 02.11.2020 passed by the

IX Additional Chief Metropolitan Magistrate, Bengaluru, referring

the matter under Section 156(3) of Cr.P.C. for investigation and

to quash the complaint in PCR No.11536/2020.

2.

The factual matrix of the case is that the complaint

Nos.2 and 3 have filed the private complaint before the learned

Magistrate and same is number as PCR No.11536/2020. The

learned Magistrate after considering the complaint averments

and also the documents, invoked Section 156(3) of Cr.P.C. and

also made the observation that the direction issued in the

PRIYANKA SRIVASTAVA AND ANOTHER v. STATE OF

UTTAR PRADESH AND OTHERS reported in (2015) 6 SCC

287 case has been complied with. Hence, the present petition is

filed before this Court.

3.

Learned counsel appearing for the petitioner would

vehemently contend that when the complaint was filed before

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learned Magistrate, he has not complied Section 154(3) of

Cr.P.C. Hence, on this ground itself the order is liable to be set

aside. Learned counsel also urged other grounds on the merits of

the case.

4.

Per contra, learned counsel appearing for respondent

Nos.2 and 3 would submit that they have approached the

jurisdictional police and jurisdictional police have issued the NCR

and not registered the case. Hence, they have approached the

learned Magistrate. Learned counsel also would submit that

before referring the matter under Section 156(3) of Cr.P.C., on

23.10.2020 they have approached the Deputy Commissioner of

Police through speed post and the Deputy Commissioner of

Police also has not taken any action. Hence, the matter was

argued before the learned Magistrate stating that no action was

taken by the Deputy Commissioner. Learned Magistrate has

passed the order on 02.11.2020 referring the matter for

investigation. The complainants also filed the affidavit to that

effect. Hence, the learned Magistrate has not committed any

error in referring the matter under Section 156(3) of Cr.P.C.

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5.

Having heard the learned counsel for the petitioner

and the learned counsel for the respondent Nos.2 and 3, the

short question involved in the matter is whethe