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Fairoz Ahmed v. State of Karnataka

Karnataka HC25 Jun 2025WP/5335/2025

Case brief

AI extract

What is this about?

Protest petition; 'B' report acceptance; private complaint PCR No.54418/2022; closure of proceedings; remittal for reconsideration afresh; justice-oriented approach; Article 226 Constitution; Section 528 Bharatiya Nagarik Suraksha Sanhita 2023; X Additional Chief Judicial Magistrate Bengaluru; Shivajinagar Police Station; writ petition GM-RES; Karnataka High Court 2025.

What did the court decide?

Impugned order dated 30.11.2024 in P.C.R.No.54418/2022 set aside; matter remitted to the learned Magistrate for reconsideration afresh; liberty reserved to the petitioner to file a protest petition to the 'B' report; petitioner directed to appear before the learned Magistrate on 07.07.2025 and file the protest petition with documents; Magistrate to consider the protest petition and pass orders in accordance with law; all rival contentions kept open.

Fairoz Ahmed Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 30.11.2024 accepting the 'B' report and closing the proceedings in P.C.R.No.54418/2022 should be set aside and the matter remitted to the learned Magistrate so that the petitioner may file a protest petition.

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Court's answer

In view of the petitioner's specific assertion that his inability and omission to file a protest petition to the 'B' report was due to bonafide reasons, unavoidable circumstances and sufficient cause, the Court deemed it just and appropriate to adopt a justice-oriented approach, set aside the order dated 30.11.2024 and remit the matter for reconsideration afresh in accordance with law.

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Ratio / Principle

The petition is allowed and the impugned order dated 30.11.2024 passed in P.C.R.No.54418/2022 on the file of the X Additional Chief Judicial Magistrate, Bengaluru is set aside.

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Key takeaways

The matter is remitted back to the learned Magistrate for reconsideration afresh in accordance with law.ratio¶55
Liberty is reserved in favour of the petitioner to file a protest petition to the 'B' report.ratio¶56
The petitioner is directed to appear before the learned Magistrate on 07.07.2025 without awaiting further notice from the learned Magistrate.ratio

Detailed headnote1 paragraphs

High Court of Karnataka (S.R. Krishna Kumar J), by oral order dated 25.06.2025 in WP No.5335 of 2025 (GM-RES), filed under Article 226 of the Constitution r/w Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allowed the petition of Fairoz Ahmed against the order dated 30.11.2024 of the X Additional Chief Judicial Magistrate, Bengaluru, whereby the Magistrate had accepted the 'B' report dated 15.02.2024 in P.C.R.No.54418/2022 and closed the proceedings arising from the petitioner's private complaint (referred to police on 16.08.2022). Finding that the petitioner's omission to file a protest petition was due to bonafide reasons, unavoidable circumstances and sufficient cause, the Court adopted a justice-oriented approach, set aside the impugned order, remitted the matter to the learned Magistrate for reconsideration afresh, reserved liberty to file a protest petition, and directed the petitioner to appear on 07.07.2025 without awaiting notice; the Magistrate is to consider the protest petition and pass orders in accordance with law. All rival contentions were kept open. Notice to respondents 2-5 was dispensed with.

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NC: 2025:KHC:22360 WP No. 5335 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 5335 OF 2025 (GM-RES)

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BETWEEN:

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FAIROZ AHMED, S/O LATE MOHAMMED FAZAL, AGED ABOUT 37 YEARS, R/A NO.91, JUMMA MASJID ROAD, OPH ROAD, SHIVAJINAGAR, BENGALURU – 560 051

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…PETITIONER

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(BY SRI. SKANDA KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY ITS SHIVAJINAGAR POLICE STATION,

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

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BROADWAY ROAD, BANGALORE

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ASIYA BI, W/O LATE SYED NOOR AHMED, AGED ABOUT 66 YEARS,

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KAUSAR D/O LATE SYED NOOR AHMED, AGED ABOUT 42 YEARS

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TASKEEN, D/O LATE SYED NOOR AHMED, AGED ABOUT 40 YEARS

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NC: 2025:KHC:22360 WP No. 5335 of 2025

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HC-KAR

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TOWSEEF, S/O LATE SYED NOOR AHMED, AGED ABOUT 36 YEARS, ALL R/AT R/A NO. 2/24, 'L' NO. 5^TH STREET, JUMMA MASJID ROAD CROSS, SHIVAJINAGAR, BENGALURU – 560 001

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 VIDE ORDER DATED 25.06.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH)

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THIS WP IS FILED UNDER 226 OF CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO CALL FOR RECORDS AND SET-ASIDE THE ORDER DATED 30.11.2024 PASSED BY THE LEARNED X ADDL CHIEF JUDICIAL MAGISTRATE AT BENGALURU THEREBY DISMISSING THE PRIVATE COMPLAINT FILED BY THE PETITIONER UNDER IN P.C.R.NO.54418/2022 AT ANNEXURE-D.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING , 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, petitioner seeks for the following reliefs:

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“a) Call for records,

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b) Set aside the order dated 30.11.2024 passed by the Learned X Additional Chief Judicial Magistrate, Bengaluru, thereby dismissing the Private Complaint filed by the petitioner under in P.C.R.No.54418/2022 at Annexure-D.

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NC: 2025:KHC:22360 WP No. 5335 of 2025

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HC-KAR

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c) Pass an order by granting liberty to file protest petition to the petitioners.

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d) Pass such orders as deemed fit in the circumstances of the above case, in the interest of justice and equity.”

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Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record.

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For the order proposed, notice to respondent Nos.2, 3, 4 and 5 are dispensed with.

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A perusal of the material on record will indicate that pursuant to the private complaint filed by the petitioner in PCR No.54418/2022, learned Magistrate referred the matter for investigation to the Police Authorities on 16.08.2022, which culminated in ‘B’ report dated 15.02.2024, which was submitted by learned Magistrate. By the impugned order dated 30.11.2024, learned Magistrate accepted the ‘B’ report and closed the proceedings. Aggrieved by which, the petitioner is before this Court by way of the present petition.

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Learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause,

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4 - NC: 2025:KHC:22360 WP No. 5335 of 2025

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HC-KAR

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petitioner could not file protest petition to the ‘B’ report and as such, if the order dated 30.11.2024 is set aside and matter is remitted back to the learned Magistrate for reconsideration afresh, petitioner would file protest petition, which may be directed to be considered by the learned Magistrate in accordance with law.

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The aforesaid submission is placed on record.

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A perusal of the material on record will indicate that the Trial Court has recorded a finding that the petitioner has not filed any Protest Petition. In view of the specific assertion with regard to the inability and omission on the part of the petitioner to file protest petition to the ‘B’ report was due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice oriented approach to dispose of the petition by setting aside the order dated 30.11.2024 and remit the matter back to the respondent for reconsideration afresh in accordance with law.

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In the result, I proceed to pass the following:

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ORDER

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i) The petition is hereby allowed.

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NC: 2025:KHC:22360 WP No. 5335 of 2025

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HC-KAR

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ii) The impugned order dated 30.11.2024 passed in P.C.R.No.54418/2022 on the file of the X Additional Chief Judicial Magistrate, Bengaluru is hereby set aside.

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iii) The matter is remitted back to learned Magistrate for reconsideration afresh in accordance with law.

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iv) Liberty is reserved in favour of the petitioner to file protest petition to the ‘B’ report.

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v) Petitioner is directed to appear before the learned Magistrate on 07.07.2025 without awaiting further notice from the learned Magistrate. On that day, he shall file protest petition along with necessary documents, if any.

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vi) Learned Magistrate shall thereafter consider the protest petition filed by the petitioner and pass necessary orders in accordance with law.

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vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 2 Sl No.: 79

Fairoz Ahmed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Fairoz Ahmed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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