Vasudeva S N Vs State of Karnataka

VASUDEVA S.N, S/O NARASIMAHAIAH, AGED ABOUT 51 YEARS, WORKING AS A EXCISE SUB INSPECTOR, R/A NO. 44, 7TH CROSS, BINNY LAYOUT, NAGRABHAVI, BANGALORE - 560 072.

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Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka

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(BY SRI. BALAGANGADHARA D, ADVOCATE)

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AND:

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…PETITIONER

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STATE OF KARNATAKA BY JNANABHARATHI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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POORNIMA S W/O JAGANATH K.V, R/AT NO. 27, 4TH MAIN, MEENAKSHI NAGAR,

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2 - NC: 2025:KHC:22095 CRL.P No. 2096 of 2025 C/W CRL.P No. 2700 of 2025

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HC-KAR

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KAMAKSHIPALYA, BENGALURU - 560 079.

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…RESPONDENTS

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(BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. MAYUR D. BHANU, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIRST INFORMATION REPORT (F.I.R) REGISTERED AS CRIME NO.47/2025 BY THE JNANABHARATHI POLICE, PERTAINING TO THE ALLEGED OFFENCES SPECIFIED UNDER SECTION 118(1), SECTION 109, IN CONJUNCTION WITH SECTION 3(5) OF THE BNS 2023 IN THE INTEREST OF JUSTICE WHICH IS PENDING ON THE FILE BEFORE THE HONBLE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU.

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IN CRL.P NO. 2700/2025

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BETWEEN:

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SRI RAGHAVENDRA P G S/O. GOPALAIAH P V, AGED 36 YEARS, INSPECTOR OF EXCISE, R/AT SRI VENKATESHWARA KRUPA, SRI MARUTHI NILAYA, RAJA ARTS ROAD, SRI M VISVESHWARAYA EXTENSION, HOSAKOTE, BENGALURU RURAL - 562 114.

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...PETITIONER

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(BY SRI. TEJAS N, ADVOCATE)

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3 - NC: 2025:KHC:22095 CRL.P No. 2096 of 2025 C/W CRL.P No. 2700 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION, BENGALURU - 560 056. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01)

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SMT. POORNIMA S, W/O. JAGANATH K V, AGED 50 YEARS, R/AT NO.27, 4TH MAIN ROAD, MEENAKSHI NAGARA, KAMAKSHIPALYA, BENGALURU - 560 079.

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...RESPONDENTS

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(BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. MAYUR D. BHANU, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.47/2025 OF JNANABHARATHI P.S. BENGALURU WHICH IS PENDING ON THE FILE OF THE HONBEL 6TH A.C.M.M BENGALURU FOR THE OFFENCE P/U/S 118(1), 109, 3(5) OF BNS 2023 AND THE CONSEQUENT INVESTIGATION AS AN ABUSE OF PROCESS OF LAW.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 -

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NC: 2025:KHC:22095 CRL.P No. 2096 of 2025 C/W CRL.P No. 2700 of 2025

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HC-KAR

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In Crl.P.No.2096/2025, the petitioner seeks the following

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reliefs:

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" WHEREFORE, the petitioner in the aforementioned criminal petition respectfully request that this Hon'ble Court may be pleased to quash the First Information Report (F.I.R.) registered as Crime No.47/2025 by the Jnanabhaarthi Police, pertaining to the alleged offences specified under Section 118(1), Section 109, in conjunction with Section 3(5) of the BNS, 2023, which is pending on the file of Hon'ble VI Additional Chief Metropolitan Magistrate Court at Bengaluru, in the interest of justice."

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In Crl.P.No.2700/2022, the petitioner seeks the following reliefs:

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" Wherefore, the petitioner - accused No.1 most humbly pray that this Hon'ble Court may be pleased to quash the F.I.R. in Crime No.47/2025 by the Jnanabharathi Police Station, Bengaluru which is pending on the file of the Hon'ble 6^th Additional Chief Metropolitan Magistrate Court, Bengaluru for the offence under Sections 118(1), 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and the consequent

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HC-KAR

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investigation as an abuse of process of law, in the ends of justice."

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Heard learned counsel for the petitioners and learned counsel for common respondent No.2/defacto complainant, in both the petitions, and perused the material on record.

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A perusal of the material on record will indicate that the petitioners, in both the petitions, are Excise Sub-Inspector and Excise Inspector working for the Central Excise Department. On 29.01.2025, the petitioners on behalf of the Excise Department initiated the proceedings against Sri K.V.Jaganath, husband of respondent No.2/defacto complainant for the offences punishable under Sections 11, 12, 13, 14, 32(1), 38(a), 43, 43(A) of the Karnataka Excise Act, 1965, which was registered as an FIR No.26/202425/3807SIE2/380707. Subsequently, respondent No.2 filed a complaint on 30.01.2025 which is registered as an FIR in Crime No.47/2025 making allegations against both the petitioners for the offences punishable under Sections 118(1), 109 and 3(5) of BNS, 2023. Meanwhile, Vasudev.S.N., who is the petitioner is

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6 - NC: 2025:KHC:22095 CRL.P No. 2096 of 2025 C/W CRL.P No. 2700 of 2025

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HC-KAR

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Crl.P.No.2096/2025, has also filed one more complaint in Cr.No.46/2025 against the husband of respondent No.2 and investigation is pending in relation to both FIR in Crime Nos.46/2025 and 47/2025 by respondent No.1-Police Authorities.

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Learned counsel for the petitioners, in both the petitions, and learned counsel for respondent No.2/defacto complainant jointly submit, on instructions, that both the petitions may be disposed of directing respondent No.1-Police Authorities to complete the investigation Crime Nos.46/2025 and 47/2025 and file a final report in accordance with law as expeditiously as possible and till that time i.e., final report is filed, respondent No.1-Police Authorities may be directed not to take any coercive steps against the petitioners or arrest them.

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In views of the aforesaid joint submission made by both sides, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of both petitions by issuing certain directions.

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NC: 2025:KHC:22095 CRL.P No. 2096 of 2025 C/W CRL.P No. 2700 of 2025

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HC-KAR

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In the result, the following:

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ORDER

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i) Both Criminal Petitions are hereby disposed of . ii) Respondent No.1/Police Authorities are directed to file final report pursuant to Crime Nos.46/2025 and 47/2025 in accordance with law as expeditiously as possible.

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iii) It is further directed that till file final report(s) are filed, as stated supra, by respondent No.1Police, respondent No.1 not to take any coercive steps nor arrest the petitioners.

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iv) All rival contentions kept open.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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VM

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List No.: 3 Sl No.: 18 CT: BHK

Vasudeva S N v. State of Karnataka

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Vasudeva S N v. State of Karnataka

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