Petitioner sought quashing of an FIR for kidnapping of a 15-year-old girl, arguing it should have been a missing complaint and that her return made proceedings an abuse of process. The court held investigation was at a nascent stage, POCSO aspects required probing, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2979 OF 2025 (GM-RES)
BETWEEN:
SRI. K. SATHISH AGED ABOUT 19 YEARS S/O KOLA RAJU R/AT DOOR NO.550 7TH CROSS JAGAN BUILDING KONAPPANA AGRAHARA MAIN ROAD GOVINDA SHETTY PALYA BENGALURU - 560 100. AND ALSO AT DOOR NO 1-40 ANIMIGAANIPALLI KUPPAM - 517425 CHITTOOR DISTRICT ANDHRA PRADESH.
…PETITIONER
Digitally signed by NANDINI B G Location: High Court of Karnataka
(BY SRI: HARINATH M.S., ADVOCATE)
AND:
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PULIKESHI NAGAR BENGALURU - 560 005.
…RESPONDENTS
(BY SRI: RAHUL RAI, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF B.N.S.S. PRAYING TO CALL FOR THE RECORDS IN CRIME NO.349/2024 PENDING ON THE FILE OF THE XTH A.C.M.M. MAYOHALL, AT BENGALURU; AND CONSEQUENTLY QUASH THE FIR IN CRIME NO.349/2024 AS WELL AS THE COMPLAINT DATED 14-10-2024 WHICH ARE AT ANNEXURES A AND B RESPECTIVELY AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This captioned petition is filed by the petitioner seeking quashing of the proceedings pending in Crime No.349 of 2024 on the file of the learned X ACMM, Mayohall, Bengaluru.
The daughter of the second respondent–complainant, one Kumari Varsha K , aged about 15 years, was reported missing on 14.10.2024 at around 5:50 p.m. Despite making
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earnest efforts to trace her, the second respondent was unable to find her whereabouts, which constrained him to lodge a complaint at the jurisdictional Police Station. Based on the said complaint, a case was registered against an unknown person and investigation was set into motion by the Investigating Agency. The records further disclose that, during the course of investigation, the jurisdictional Magistrate recorded the statement of the victim under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), after she was traced.
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in the complaint and the subsequent statement of the victim necessitate a thorough enquiry, including the possibility of
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offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). At this stage, when the investigation is still in progress and the petitioner’s bail application has already been rejected, it is argued that no interference is warranted by this Court.
NC: 2025:KHC:30506 WP No. 2979 of 2025
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concern, a comprehensive and meticulous investigation is imperative.
ORDER
The Writ Petition stands dismissed.
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 10
1 issue framed by the court
Whether proceedings in Crime No.349/2024 (kidnapping of a minor) should be quashed at the threshold when the victim has returned home and no specific person was named in the FIR.
5 provisions across 4 enactments
Sri. K. Sathish
State of Karnataka by Pulakeshi Nagar Police, Bengaluru
Sri. Krishnappa
Sachin Shankar Magadum
As recorded by the court registry
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