Sri Mahadevaiah vs The State Of Karnataka on 7 April, 2026

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    Karnataka High Court

    Sri Mahadevaiah vs The State Of Karnataka on 7 April, 2026

    Author: M.Nagaprasanna

    Bench: M.Nagaprasanna

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                                                        CRL.P No. 4250 of 2026
    
    
                     HC-KAR
    
    
    
                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
                              DATED THIS THE 7TH DAY OF APRIL, 2026
    
                                              BEFORE
                            THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                               CRIMINAL PETITION NO. 4250 OF 2026
                     BETWEEN:
    
                     1.    SRI MAHADEVAIAH
                           S/O KIKKERIGOWDA
                           AGED ABOUT 63 YEARS
                           R/O NO.13, 5TH CROSS,
                           KHB MAIN ROAD
                           MARAGOWDANAHALLI
                           GOPALAPPA LAYOUT
                           BENGALURU CITY - 560 032
    
                     2.    SRI DHARMA
                           S/O KIKKERIGOWDA
                           AGED ABOUT 53 YEARS
                           NO.4, 2ND B CROSS
    Digitally              MUNESHWARA LAYOUT
    signed by
    SANJEEVINI J           MANORAYANAPALYA
    KARISHETTY
                           BENGALURU CITY - 560 032
    Location: High
    Court of                                                    ...PETITIONERS
    Karnataka        (BY SRI. NATARAJ G.M., ADVOCATE)
                     AND:
    
                     1.    THE STATE OF KARNATAKA
                           BY SALIGRAMA POLICE STATION
                           K R NAGARA TALUK
                           MYSURU DISTRICT - 571 604
                           REPRESENTED BY ITS
                           STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA BUILDING
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         BENGALURU-560001
    
    2.   SMT KANTHAMANI
         W/O KULLEGOWDA
         AGED ABOUT 48 YEARS,
         ANKANAHALLI VILLAGE,
         CHUNCHANAKATTE HOBLI
         K R NAGARA TALUK
         MYSURU DISTRICT
         PIN-571604
                                              ...RESPONDENTS
    
    (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
    
          THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
    
    BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
    
    HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER
    
    DATED 17-02-2026 IN P.C.R NO. 24/2026 ON THE FILE OF THE
    
    I ADDL. CIVIL JUDGE AND J.M.F.C. AT K.R.NAGARA, MYSURU
    
    DISTRICT    AND    CONSEQUENTLY     QUASH     THE   FIRST
    
    INFORMATION REPORT IN CRIME NO. 0075/2026 DATED 23-
    
    02-2026 REGISTERED BY SALIGRAMA POLICE STATION, K.R.
    
    NAGARA TALUK, MYSURU DISTRICT, FOR THE OFFENCES
    
    PUNISHABLE UNDER SECTIONS 318, 319, 335 R/W 3(5) OF
    
    THE BHARATIYA NYAYA SAMHITA, 2023, TO THE EXTENT IT
    
    CONCERNS THE PETITIONERS/ACCUSED NO. 1 AND 2.
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         THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
    
    ORDER WAS MADE THEREIN AS UNDER:
    
    
    
    CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
    
    
                              ORAL ORDER

    The petitioners are before this Court calling in question

    the order of reference dated 17-02-2026 passed in P.C.R.No.24

    SPONSORED

    of 2026 and the subsequent registration of a crime in Crime

    No.75 of 2026, for the offences punishable under Sections 318,

    319, 335 read with Section 3(5) of the BNS, 2023.

    2. Heard Sri. Nataraj G.M., learned counsel appearing

    for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP

    appearing for respondent No.1 and have perused the material

    on record.

    3. The petitioners are accused Nos.1 and 2.

    Respondent No.2 is the complainant. The complainant registers

    a private complaint invoking Section 223 of the Cr.P.C. for

    several offences. The concerned Court refers the matter to the

    jurisdictional police for investigation under Section 175(3) of
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    the BNSS. Pursuant to the investigation, the jurisdictional

    police then register a crime in Crime No.75 of 2026 for the

    aforesaid offences. The issue in the lis is not with regard to the

    merit of the complaint before the concerned Court. The

    concerned Court refers the matter for investigation without

    following the procedure as stipulated under Section 175 of the

    BNSS. The order of the concerned Court reads as follows:

    “1. Complainant is present along with her counsel and
    filed the present complaint. Perused the complaint and
    the documents submitted along with the complaint. The
    offence alleged in the present complaint are punishable
    under section 318, 319, 335 R/w Sec.3(5) of Bharathiya
    Nyaya Sanhitha (for the seek of brevity the same is
    hereinafter referred to as BNS). The alleged offences are
    cognizable offence. I have perused the complaint
    averments as well as the documents submitted by the
    complainant along with the complaint. It discloses that
    before filing this complaint before this court the complaint
    has approached the PSI of Saligrama P.S as well as the
    Superintendent of Police, Mysuru to take appropriate
    action against the accused. Furthermore, even the
    complainant has also filed affidavit for having exhausted
    all the remedies available under Section 173(1) and
    173(4) of Bharathiya Nagarik Suraksha Sanhitha. But the
    police have not taken any action against the accused.
    Therefore, ultimately the complainant has filed the
    present complaint.

    2. The complaint as well as the documents discloses that
    the complainant has exhausted the remedies available
    under Section 173(1) and 173(4) of Bharathiya Nagarik
    Suraksha Sanhitha. (for the seek of brevity the same is
    hereinafter referred to as BNSS). In that regard, the
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    complainant has also filed her affidavit. Thereby the
    complainant has complied with the mandates imposed by
    the Hon’ble Apex Court in the case of Priyanka Srivastava
    and another Vs. State of U.P and others
    reported in
    (2015) 6 SCC 287 which is reiterated by the Hon’ble High
    Court of Karnataka in the case of Sri. Sathya Sai Central
    Trust and another Vs. State of Karnataka and others
    in
    Crl. Petition No.1422/2021 dated: 22.07.2021.

    3. The complaint averments and the documents
    submitted along with the complaint prima facie discloses
    the commission of offence by the accused persons.

    Hence, in the above background this court proceed to
    pass the following:

    ORDER

    Acting under section 175(3) of B.N.S.S this case is
    referred to the concerned jurisdictional P.S to
    investigate into the matter and to submit the
    report.

    Await final report.

    Call on:05/06/2026″

    The concerned Court appears to have blissfully ignored

    the rigour of Section 175(3) of the BNSS insofar as referring

    the matter to the jurisdictional police for investigation without

    hearing the concerned police officer.

    4. Section 175 of the BNSS and the procedure to be

    followed under the said section has borne interpretation at the

    hands of this Court in the case of C.N. GOVINDARAJU v.

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    STATE OF KARNATAKA1. This court, in the aforesaid case

    observes as follows:

    “……. ……. …….

    11. But, what has merited consideration is the
    subsequent development after filing of the petition which is
    the judgment of the Apex Court in the case Om
    Prakash (supra). The private complaint against the
    petitioners comes to be registered invoking Section 223 of
    BNSS on 11-09-2024. The prayer sought in the private
    complaint is as follows:

    “WHEREFORE, we most humbly pray that this
    Hon’ble Court be pleased to refer the above
    complaint to the jurisdictional police i.e.,
    Bellandur Police for investigation under Section
    175(3)
    of Bharatiya Nagarika Suraksha Sanhita,
    2023 and to submit report before this Hon’ble
    Court, in the interest of justice.”

    (Emphasis added)

    Investigation was sought from the hands of the
    jurisdictional police under Section 175(3) of the BNSS,
    rightly so as by then BNSS was in place with effect from 01-
    07-2024. Since the complaint itself is registered after 01-
    07-2024, the procedure under BNSS ought to have been
    followed by the concerned Court in terms of Section 175(3)
    of BNSS. Section 175 of BNSS reads as follows:

    “175. Police officer’s power to investigate
    cognizable case.–(1) Any officer in charge of a
    police station may, without the order of a
    Magistrate, investigate any cognizable case
    which a Court having jurisdiction over the local
    area within the limits of such station would have
    power to inquire into or try under the provisions
    of Chapter XIV:

    Provided that considering the nature and gravity of
    the offence, the Superintendent of Police may require
    the Deputy Superintendent of Police to investigate the
    case.

    (2) No proceeding of a police officer in any such
    case shall at any stage be called in question on the

    1
    2025 SCC OnLine Kar 9959
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    ground that the case was one which such officer was
    not empowered under this section to investigate.

    (3) Any Magistrate empowered under Section
    210
    may, after considering the application
    supported by an affidavit made under sub-

    section (4) of Section 173, and after making
    such inquiry as he thinks necessary and
    submission made in this regard by the police
    officer, order such an investigation as above-
    mentioned.

    (4) Any Magistrate empowered under Section 210,
    may, upon receiving a complaint against a public
    servant arising in course of the discharge of his official
    duties, order investigation, subject to–

    (a) receiving a report containing facts and
    circumstances of the incident from the officer
    superior to him; and

    (b) after consideration of the assertions made by the
    public servant as to the situation that led to the
    incident so alleged.”

    (Emphasis supplied)

    Section 175 deals with Police Officer’s power to
    investigate a cognizable offence. Sub-section (3)
    thereof mandates that any Magistrate empowered
    under Section 210 of the BNSS may, after considering
    the application supported by an affidavit under sub-
    section (4) of Section 173 and after making such
    inquiry as he thinks necessary and submission made
    in this regard by the Police Officer, order an
    investigation which would mean that prior to
    directing investigation to be ordered, the Police
    Officer of the jurisdictional police must be heard.

    12. In the case at hand, the order of reference for
    investigation does not indicate following of any of the
    procedure as necessary in law. Whether this would vitiate
    the order of reference or otherwise, need not detain this
    Court for long or delve deep into the matter. The Apex
    Court in the case of Om Prakash (supra) considered this
    issue and held as follows:

    “………

    28. However, before we part with the matter,
    we deem it necessary to discuss the changes
    brought to the scheme of Section 156 of the Cr.

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    P.C. by the enactment of the Bharatiya Nagarik
    Suraksha Sanhita, 2023 (for short, “the BNSS”).

    29. Section 175 of the BNSS corresponds to
    Section 156 of the Cr. P.C. Sub-section (1) of
    Section 175 of the BNSS is in parimateria with
    sub-section 156(1) of the Cr. P.C. except for the
    proviso which empowers the Superintendent of
    Police to direct the Deputy Superintendent of
    Police to investigate a case if the nature or
    gravity of the case so requires. Sub-section (2) of
    Section 175 the BNSS is identical to
    Section 156(2) of the Cr. P.C. Section 175(3) of
    the BNSS empowers any Magistrate who is
    empowered to take cognizance under Section 210
    to order investigation in accordance with Section
    175(1)
    and to this extent is in parimateria with
    Section 156(3) of Cr. P.C. However, unlike
    Section 156(3) of the Cr. P.C., any Magistrate,
    before ordering investigation under Section
    175(3)
    of the BNSS, is required to:

    a. Consider the application, supported by an
    affidavit, made by the complainant to the
    Superintendent of Police under Section
    173(4)
    of the BNSS;

    b. Conduct such inquiry as he thinks necessary;
    and
    c. Consider the submissions made by the police
    officer.

    30. Sub-section (4) of Section 175 of the BNSS
    is a new addition to the scheme of investigation
    of cognizable cases when compared with the
    scheme previously existing in Section 156 of
    the Cr. P.C. It provides an additional safeguard to
    a public servant against whom an accusation of
    committing a cognizable offence arising in the
    course of discharge of his official duty is made.

    The provision stipulates that any Magistrate who
    is empowered to take cognizance under Section
    210
    of the BNSS may order investigation against
    a public servant upon receiving a complaint
    arising in course of the discharge of his official
    duty, only after complying with the following
    procedure:

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    a. Receiving a report containing facts and
    circumstances of the incident from the officer
    superior to the accused public servant; and

    b. Considering the assertions made by the
    accused public servant as regards the
    situation that led to the occurrence of the
    alleged incident.

    31. A comparison of Section 175(3) of the
    BNSS with Section 156(3) of the Cr. P.C. indicates
    three prominent changes that have been
    introduced by the enactment of BNSS as follows:

    a. First, the requirement of making an application
    to the Superintendent of Police upon refusal
    by the officer in charge of a police station to
    lodge the FIR has been made mandatory, and
    the applicant making an application under
    Section 175(3) is required to furnish a copy of
    the application made to the Superintendent of
    Police under Section 173(4), supported by an
    affidavit, while making the application to the
    Magistrate under Section 175(3).

    b. Secondly, the Magistrate has been empowered
    to conduct such enquiry as he deems
    necessary before making an order directing
    registration of FIR.

    c. Thirdly, the Magistrate is required to consider
    the submissions of the officer in charge of the
    police station as regards the refusal to
    register an FIR before issuing any directions
    under Section 175(3).

    32. The introduction of these changes by the
    legislature can be attributed to the judicial
    evolution of Section 156 of the Cr.

    P.C. undertaken by a number of decisions of this
    Court. In the case of Priyanka Srivastava v. State of
    U.P.
    , (2015) 6 SCC 287, this Court held that prior to
    making an application to the Magistrate under
    Section 156(3) of the Cr. P.C., the applicant must
    necessarily make applications under Sections
    154(1)
    and 154(3). It was further observed by
    the Court that applications made under
    Section 156(3) of the Cr. P.C. must necessarily be
    supported by an affidavit sworn by the applicant.
    The reason given by the Court for introducing
    such a requirement was that applications under

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    Section 156(3) of the Cr. P.C. were being made in
    a routine manner and in a number of cases only
    with a view to cause harassment to the accused
    by registration of FIR. It was further observed
    that the requirement of supporting the complaint
    with an affidavit would ensure that the person
    making the application is conscious and also to
    see that no false affidavit is made. Once an
    affidavit is found to be false, the applicant would
    be liable for prosecution in accordance with law.
    This would deter him from casually invoking the
    authority of the Magistrate under Section 156(3).
    The relevant observations made by the Court are
    reproduced hereinbelow:

    “27. Regard being had to the aforesaid
    enunciation of law, it needs to be reiterated that the
    learned Magistrate has to remain vigilant with
    regard to the allegations made and the nature of
    allegations and not to issue directions without
    proper application of mind. He has also to bear in
    mind that sending the matter would be conducive to
    justice and then he may pass the requisite order.
    The present is a case where the accused persons are
    serving in high positions in the Bank. We are
    absolutely conscious that the position does not
    matter, for nobody is above the law. But, the
    learned Magistrate should take note of the
    allegations in entirety, the date of incident and
    whether any cognizable case is remotely made out.
    It is also to be noted that when a borrower of the
    financial institution covered under the Sarfaesi Act,
    invokes the jurisdiction under Section 156(3) Cr.
    P.C. and also there is a separate procedure under
    the Recovery of Debts Due to Banks and Financial
    Institutions Act, 1993
    , an attitude of more care,
    caution and circumspection has to be adhered to.

    28. Issuing a direction stating “as per the
    application” to lodge an FIR creates a very
    unhealthy situation in society and also reflects the
    erroneous approach of the learned Magistrate. It
    also encourages unscrupulous and unprincipled
    litigants, like Respondent 3, namely, Prakash Kumar
    Bajaj, to take adventurous steps with courts to bring
    the financial institutions on their knees. As the
    factual exposition would reveal, Respondent 3 had
    prosecuted the earlier authorities and after the
    matter is dealt with by the High Court in a writ
    petition recording a settlement, he does not
    withdraw the criminal case and waits for some kind
    of situation where he can take vengeance as if he is
    the emperor of all he surveys. It is interesting to
    note that during the tenure of Appellant 1, who is

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    presently occupying the position of Vice-President,
    neither was the loan taken, nor was the default
    made, nor was any action under the SARFAESI Act
    taken. However, the action under the SARFAESI
    Act
    was taken on the second time at the instance of
    the present Appellant 1. We are only stating about
    the devilish design of Respondent 3 to harass the
    appellants with the sole intent to avoid the payment
    of loan. When a citizen avails a loan from a financial
    institution, it is his obligation to pay back and not
    play truant or for that matter play possum. As we
    have noticed, he has been able to do such
    adventurous acts as he has the embedded
    conviction that he will not be taken to task because
    an application under Section 156(3) Cr. P.C. is a
    simple application to the court for issue of a
    direction to the investigating agency. We have been
    apprised that a carbon copy of a document is filed to
    show the compliance with Section 154(3), indicating
    it has been sent to the Superintendent of Police
    concerned.

    29. At this stage it is seemly to state that power
    under Section 156(3) warrants application of judicial
    mind. A court of law is involved. It is not the police
    taking steps at the stage of Section 154 of the Code.
    A litigant at his own whim cannot invoke the
    authority of the Magistrate. A principled and really
    grieved citizen with clean hands must have free
    access to invoke the said power. It protects the
    citizens but when pervert litigations takes this route
    to harass their fellow citizens, efforts are to be made
    to scuttle and curb the same.

    30. In our considered opinion, a stage has come
    in this country where Section 156(3) Cr.
    P.C. applications are to be supported by an affidavit
    duly sworn by the applicant who seeks the
    invocation of the jurisdiction of the Magistrate. That
    apart, in an appropriate case, the learned Magistrate
    would be well advised to verify the truth and also
    can verify the veracity of the allegations. This
    affidavit can make the applicant more responsible.
    We are compelled to say so as such kind of
    applications are being filed in a routine manner
    without taking any responsibility whatsoever only to
    harass certain persons. That apart, it becomes more
    disturbing and alarming when one tries to pick up
    people who are passing orders under a statutory
    provision which can be challenged under the
    framework of the said Act or under Article 226 of
    the Constitution of India. But it cannot be done to
    take undue advantage in a criminal court as if
    somebody is determined to settle the scores.

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    31. We have already indicated that there has to
    be prior applications under Sections 154(1) and
    154(3) while filing a petition under Section 156(3).
    Both the aspects should be clearly spelt out in the
    application and necessary documents to that effect
    shall be filed. The warrant for giving a direction that
    an application under Section 156(3) be supported by
    an affidavit is so that the person making the
    application should be conscious and also endeavour
    to see that no false affidavit is made. It is because
    once an affidavit is found to be false, he will be
    liable for prosecution in accordance with law. This
    will deter him to casually invoke the authority of the
    Magistrate under Section 156(3). That apart, we
    have already stated that the veracity of the same
    can also be verified by the learned Magistrate,
    regard being had to the nature of allegations of the
    case. We are compelled to say so as a number of
    cases pertaining to fiscal sphere, matrimonial
    dispute/family disputes, commercial offences,
    medical negligence cases, corruption cases and the
    cases where there is abnormal delay/laches in
    initiating criminal prosecution, as are illustrated
    in Lalita Kumari, [(2014) 2 SCC 1 : (2014) 1 SCC
    (Cri) 524] are being filed. That apart, the learned
    Magistrate would also be aware of the delay in
    lodging of the FIR.”

    (Emphasis supplied)

    33. In a recent pronouncement of this Court in
    the case of Babu Venkatesh v. The State of
    Karnataka
    , (2022) 5 SCC 639, the observations
    made in Priyanka Srivastava (supra) were referred
    to and it was held as follows:

    “24. This Court has clearly held that, a stage
    has come where applications under
    Section 156(3) Cr. P.C. are to be supported by an
    affidavit duly sworn by the complainant who seeks
    the invocation of the jurisdiction of the Magistrate.

    25. This Court further held that, in an
    appropriate case, the learned Magistrate would be
    well advised to verify the truth and also verify the
    veracity of the allegations. The Court has noted
    that, applications under Section 156(3) Cr. P.C. are
    filed in a routine manner without taking any
    responsibility only to harass certain persons.

    26. This Court has further held that, prior to the
    filing of a petition under Section 156(3) Cr. P.C.,
    there have to be applications under
    Sections 154(1) and 154(3) Cr. P.C. This Court
    emphasises the necessity to file an affidavit so that
    the persons making the application should be
    conscious and not make false affidavit. With such a
    requirement, the persons would be deterred from
    causally invoking authority of the Magistrate, under
    Section 156(3) Cr. P.C. Inasmuch as if the affidavit

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    is found to be false, the person would be liable for
    prosecution in accordance with law.”

    (Emphasis supplied)

    34. In light of the judicial interpretation and
    evolution of Section 156(3) of the Cr. P.C. by
    various decisions of this Court as discussed above,
    it becomes clear that the changes introduced by
    Section 175(3) of the BNSS to the existing scheme
    of Section 156(3) merely codify the procedural
    practices and safeguards which have been
    introduced by judicial decisions aimed at curbing
    the misuse of invocation of powers of a Magistrate
    by unscrupulous litigants for achieving ulterior
    motives.

    35. Further, by requiring the Magistrate to
    consider the submissions made by the concerned
    police officer before proceeding to issue directions
    under Section 175(3), BNSS has affixed greater
    accountability on the police officer responsible for
    registering FIRs under Section 173. Mandating the
    Magistrate to consider the submissions of the
    concerned police officer also ensures that the
    Magistrate applies his mind judicially while
    considering both the complaint and the
    submissions of the police officer thereby ensuring
    that the requirement of passing reasoned orders is
    complied with in a more effective and
    comprehensive manner.”

    (Emphasis supplied)

    In the light of the issue already considered by the
    Apex Court, the order of reference is rendered
    unsustainable for it being in violation of sub-section
    (3) of Section 175 of BNSS, inasmuch as the Police
    Officer was not heard prior to order of reference for
    investigation to the jurisdictional Police. In that light,
    the petition deserves to succeed, albeit in part and the
    matter requires to be remitted back to the hands of the
    learned Magistrate to redo the exercise of reference.

    13. The Apex Court elucidates the reason behind
    the change and observes that the hearing of the
    concerned police officer before proceeding to issue
    direction for reference under Section 175(3) of the
    BNSS, fixes a greater accountability on the police
    officer responsible for registering a FIR under Section

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    175(3) of the BNSS. It further mandates that the
    concerned Court to consider the submissions of the
    concerned police officer and ensures that the
    Magistrate would apply his mind while referring the
    matter for investigation on consideration of the
    complaint and submissions of the police officer.

    14. This Court is coming across plethora of cases
    where the concerned Courts do not follow the
    conditions stipulated in Section 175 or Section 223 of
    the BNSS. The concerned Courts should mandatorily
    follow the procedure stipulated in Section 175(3)
    while referring the matter to investigation by the
    jurisdictional police. The marked difference of Section
    175(3) of the BNSS and Section 156(3) of the IPC, the
    earlier regime is that, the opinion of the police officer
    to whom the matter was to be referred for
    investigation is a prerequisite for reference. It was
    not even a requisite. Section 175(3) has brought
    about a change. The change is, prior to referring the
    matter for investigation under Section 175(3) of the
    BNSS, the police officer is required to be heard.
    Therefore, this procedure under Section 175(3) of the
    BNSS should be mandatorily followed by every Court,
    be it the Magistrate or the Court of Sessions of
    particular jurisdiction, so that it would avoid
    mushrooming of litigations before this Court alleging
    that particular procedural aberration.

    15. For the aforesaid reasons, the following:

    ORDER

    (i) Writ Petition is allowed in part.

    (ii)The order of reference dated 26-10-2024 and the
    subsequent registration of FIR pursuant to the order
    of reference stand quashed.

    (iii)The matter is remitted back to the hands of the
    concerned Court to redo the exercise in terms of sub-

    section (3) of Section 175 of BNSS as is held by the
    Apex Court bearing in mind the observations made in
    the course of the order. The said exercise shall be
    concluded within 4 weeks from the date of receipt of
    a copy of this order.

    (iv) The Registry is directed to circulate this order to all
    the concerned Courts for strict adherence of the
    procedure stipulated under section 175(3) of the

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    HC-KAR

    BNSS to all the complaints that at registered post
    01.07.2024.”

    (Emphasis supplied)

    The order passed by the concerned Court referring the

    matter for investigation though is reasoned and lengthy, it

    suffers from the procedural aberration, but not non-application

    of mind.

    5. In the light of the aforesaid judgment of this Court and

    the procedures as stipulated under Section 175 of the BNSS not

    being followed, I deem it appropriate to obliterate the order

    and remit the matter back to the hands of the concerned Court

    for consideration afresh, bearing in mind the observations

    made in the course of the order.

    6. For the aforesaid reasons, the following:

    ORDER

    (i) The petition is allowed-in-part.

    (ii) The order of reference dated 17-02-2026 passed in

    P.C.R.No.24 of 2026 pending before the file of the

    I Additional Civil Judge and JMFC,

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    HC-KAR

    Krishnarajanagara, Mysuru and the subsequent

    registration of FIR in Crime No. 75 of 2026 qua the

    petitioners stands quashed.

    (iii) The matter is remitted back to the hands of the

    concerned Court to redo the exercise in terms of

    sub-section (3) of Section 175 of BNSS bearing in

    mind the observations made in the course of this

    order. The said exercise shall be concluded within

    four (4) weeks from the date of receipt of a copy of

    this order.

    Sd/-

    (M.NAGAPRASANNA)
    JUDGE

    SJK
    List No.: 1 Sl No.: 40
    CT:SG



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