Sri Palguni Vishwanatha, Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sri Palguni Vishwanatha, Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief on merits; petition disposed of with liberty reserved to the petitioners to challenge the Section 319 Cr.P.C. order independently and to seek quashing of the C.C.No.06/2024 proceedings through separate petitions.

Issue for consideration

Whether a petition under Section 482 Cr.P.C. can be maintained as a composite petition joining multiple distinct reliefs — namely, a challenge to the order on the Section 319 Cr.P.C. application in C.C.No.6/2024 together with a prayer to quash the proceedings for offences punishable under Section 427 IPC.

Court's answer

A proceeding under Section 482 of Cr.P.C. cannot be converted into a composite petition seeking multiple and distinct reliefs; each cause of action or challenge must be addressed in a separate petition, and joinder of multiple prayers in one petition is procedurally unsustainable.

Ratio / Principle

Declining to entertain the composite petition, the Court reserved liberty to the petitioners to challenge the order on the Section 319 Cr.P.C. application independently in accordance with law, and similarly to seek quashing of the proceedings pending in C.C.No.06/2024, noting the pendency of the civil suit instituted by the petitioners' father.

Detailed headnote1 paragraphs

Cr.P.C. S.482 (filed as S.528 BNSS) — Composite petition impermissible: a S.482 petition cannot be converted into a composite petition seeking multiple and distinct reliefs. Here, the petitioners joined (i) a challenge to the order dated 27.06.2025 of the Civil Judge and JMFC, Periyapatna, in C.C.No.6/2024, passed on a S.319 Cr.P.C. application, and (ii) a prayer to quash the C.C.No.6/2024 / Crime No.06/2024 proceedings for offences punishable u/s 427 IPC. Held: each cause of action or challenge must be addressed in a separate petition; joinder of multiple prayers in one petition is procedurally unsustainable. Finding no merit to entertain the composite petition, the Court disposed of it, reserving liberty to challenge the S.319 order independently in accordance with law and to seek quashing of C.C.No.06/2024 separately, having regard to the pendency of a civil suit instituted by the petitioners' father which may bear on the criminal proceedings.

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NC: 2025:KHC:36746 CRL.P No. 9950 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9950 OF 2025

BETWEEN:

SRI. PALGUNI VISHWANATHA AGED ABOUT 38 YEARS S/O JAVAREGOWDA.D.T.

SRI. MANISHANKAR .J AGED ABOUT 34 YEARS S/O JAVAREGOWDA.D.T. (WRONGLY SHOWN AS MANIKANTA IN FIR)

PETITIONERS NO. 1 AND 2 ARE R/AT KIRIJAJI ROAD, HUNSUR TOWN MYSURU DISTRICT-571 105.

…PETITIONERS

(BY SRI. P. NATARAJU, ADVOCATE)

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

AND:

STATE OF KARNATAKA BY PERIYAPATNA POLICE STATION MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

SRI. D.T. SWAMY AGED ABOUT 65 YEARS S/O LATE THAMMAIAH R/AT R.D. KOPPALU VILLAGE

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NC: 2025:KHC:36746 CRL.P No. 9950 of 2025

HC-KAR

PERIYAPATNA TALUK MYSURU DISTRICT-571 107.

…RESPONDENTS

(BY SRI. RAHUL RAI, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, AT PERIYAPATNA IN CC.NO.6/2024 DATED 27.06.2025 ON THE APPLICATION FILED U/S 319 OF CR.P.C. AND CONSEQUENTLY QUASH THE PROCEEDINGS IN CC.NO.6/2024 REGISTERED BY THE 1st RESPONDENT POLICE, FOR THE OFFENCES P/U/S 427 OF IPC BY ALLOWING THIS PETITION.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Learned HCGP has brought to the notice of this Court

that the order impugned is an order passed on the application filed under Section 319 of Cr.P.C.

Learned counsel for the petitioners sought to persuade this Court by contending that the petitioners have also prayed for quashing of the proceedings in Crime No.06/2024 registered for the offence punishable under

Section 427 of IPC. However, this Court is of the considered opinion that such a course of action is

3 - NC: 2025:KHC:36746 CRL.P No. 9950 of 2025

HC-KAR

impermissible in law. Proceedings under Section 482 of Cr.P.C. cannot be converted into a composite petition seeking multiple and distinct reliefs. Each cause of action or challenge has to be addressed in a separate petition, and joinder of multiple prayers in one petition is procedurally unsustainable.

Insofar as the grievance of the petitioners against the order passed on an application filed under Section 319 of Cr.P.C. is concerned, liberty is reserved to the petitioners to challenge the said order independently in accordance with law. Similarly, liberty is also reserved to the petitioners to seek quashing of the proceedings pending in C.C.No.06/2024, more particularly, in the light of the pendency of the civil suit instituted by the petitioners’ father, which may have a bearing on the issues involved in the said criminal proceedings.

In view of the above observations and having regard to the settled legal position, this Court finds no merit to entertain the present composite petition.

NC: 2025:KHC:36746 CRL.P No. 9950 of 2025

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HC-KAR

Accordingly, the petition stands disposed of, reserving the aforesaid liberties to the petitioners.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

NBM

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