B M S Educational Trust Vs State of Karnataka

B M S EDUCATIONAL TRUST A REGISTERED UNDER THE INDIAN TRUST ACT 1882, HAVING ITS OFFICE AT P O BOX NO.1908, BULL TEMPLE ROAD, BENGALURU-560 019 REPRESENTED BY DONOR TRUSTEE, MRS RAGINI NARAYAN.

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MRS RAGINI NARAYAN CHAIRPERSON AND DONOR TRUSTEE, B M S EDUCATIONAL TRUST, W/O LATE B S NARAYANA, AGED ABOUT 70 YEARS, HANUMANTHA NAGARA, BULL TEMPLE ROAD, BENGALURU-560 019.

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…PETITIONERS

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(BY SRI. BADRI VISHAL, ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.

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MALLARI RAMESH NAIK S/O LATE SRI M NAGAPPA NAIK, AGED ABOUT 67 YEARS, R/AT NO.132, 2^ND FLOOR, GAJENDRA COMPLEX, 50 FEET ROAD, B S K I STAGE, BANGALORE - 560 050.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. M. RAMESH NAIK – R-2, PARTY-IN-PERSON)

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CPC, PRAYING TO DIRECT AND QUASH THE COMPLAINT FILED BY THE R-2 IN IN P.C.R.NO. 5739/2023 AT ANNX-B AND DIRECT AND QUASH THE FIRST INFORMATION REPORT DTD. 28.03.2025 IN CRIME NO. 66/2025 REGISTERED BY THE R-1 AT ANNX-A AND ALL FURTHER PROCEEDINGS AND ETC.

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

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

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ORAL ORDER

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In this petition, petitioners have sought for the following reliefs:

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“ a) Issue a Writ of Certiorari or any other appropriate Writ, Order, or Direction and quash the complaint filed by the Respondent NO.2 in P.C.R. No.5739/2023 at Annexure-B; and

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b) Issue a Writ of Certiorari or any other appropriate Writ, Order, Or Direction and quash the First Information Report dated: 28.03.2025 in Crime No. 66/2025 registered by the Respondent No.1 at ANNEXURE-A and all further proceedings; and

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c) Issue a Writ of Certiorari or any other appropriate Writ, Order, or Direction and quash the proceedings in P.C.R.No.5739/2023 pending on the file of the XXXVII Additional Chief Judicial Magistrate Court, Bengaluru City filed by the Respondent No.2 at ANNEXUREC; and

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HC-KAR

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d) Grant such other reliefs that this Hon’ble Court deems fit in the interest of Justice and equity.”

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Heard learned counsel for the petitioners and learned HCGP for 1^st respondent - HCGP and 2^nd respondent – party inperson and perused the material on record.

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A perusal of the material on record will indicate that the 2^nd respondent – party in-person filed the instant private complaint in PCR No.5739/2023. In the said proceedings, after recording the sworn statement of the 2^nd respondent – private complainant, the trial court proceeded to exercise its powers conferred on it under Section 175(3) of BNSS, 2023 and referred the matter for investigation. Aggrieved by the impugned order dated 26.11.2024 passed by the trial court under Section 175(3) of BNSS, 2023, referring the matter to the police authorities for investigation, the petitioners – accused Nos. 1 and 2 are before this Court by way of the present petition.

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It is significant to note that pursuant to the impugned order, the police authorities have registered the FIR in Crime No.66/2025, which is also assailed in the present petition.

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HC-KAR

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Before adverting to the rival contentions, it would be necessary to extract Section 175(3) of BNSS, 2023 which is as under:-

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Section 175. Police Officer’s power to investigate cognizable case.

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(1) xxxxxxxxxxx

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(2) xxxxxxxxxx

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(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.

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A plain reading of the aforesaid provision is sufficient to come to the conclusion that by way of propriety to the earlier provision contained in Section 156(3) of Cr.P.C., Section 175(3) mandates now that before the learned Magistrate exercising its powers under Section 175(3) and reference was made for investigation, it is incumbent upon the learned Magistrate to notify the police officer and hear him and thereafter, proceed further in accordance with law. In this context, a perusal of the impugned order and the order sheet which preceding the impugned order will

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HC-KAR

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clearly indicate that prior to passing the impugned order, the learned Magistrate referred the matter for investigation and that the police authorities were not notified as mandatory under Section 175(3) of BNSS, 2023 and consequently, on this ground alone, the impugned order deserves to be set aside and the matter be remitted back to the learned Magistrate for reconsideration afresh in accordance with law.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned order dated 26.11.2024 passed in PCR No.5739/2023 by the trial court and FIR dated 26.03.2025 in Crime No.66/2025 registered by the 1^st respondent - Police are hereby set aside.

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(iii) The matter is remitted back to the trial court for reconsideration afresh in accordance with law.

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(iv) The 2^nd respondent – complainant (party in-person) shall appear before the learned Magistrate on 04.08.2025 without awaiting further notice from the trial court.

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