Allowed¶39

Rupa W/O Manjunath Karjagimath v. Mahalakshmi D/O Ninganagouda Hiregoudar

Criminal Petition No.104978 of 2025 (482(CR.PC)/528(BNSS)) – Quashing of notice

Karnataka HC4 Feb 2026CRL.P/104978/2025

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What is this about?

Section 223 BNSS — sworn statement of complainant mandatory before issuing notice to accused; quashing of notice issued in private complaint PCR No.115/2025; offences under BNS ss.319, 351, 318(4), 118(1), 456, 318 r/w 3(5); III Addl. Senior Civil Judge and JMFC, Hubballi; Karnataka High Court, Dharwad Bench; Justice V. Srishananda; CRL.P No.104978 of 2025; decided 04.02.2026; petition allowed, notice dated 26.09.2025 set aside, matter remanded to trial Magistrate.

What did the court decide?

Impugned order of issue of notice set aside; matter remitted to the learned trial Magistrate to adhere to the procedure contemplated under Section 223 BNSS and pass appropriate orders. ¶39

Rupa W/O Manjunath Karjagimath Vs Mahalakshmi D/O Ninganagouda Hiregoudar — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO. 104978 OF 2025 (482(CR.PC)/528(BNSS))

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BETWEEN:

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RUPA W/O MANJUNATH KARJAGIMATH, AGE: 47 YEARS, OCC. HOUSEWIFE, R/O. GODIYAL ROAD, HUBBALLI-580024.

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RAJASHEKAR S/O MUPPAYYA KALYANAMATH, AGED 45 YEARS, OCCUPATION: GUIDE, R/O. NEHRI NAGAR, VIJAYAPURA - 586 109.

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RAHUL S/O ISHWARAYYA KALYANAMATH, AGE: 23 YEARS, OCCUPATION: STUDENT, R/O. NEHRU NAGAR, VIJAYAPURA - 586109.

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…PETITIONERS

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(BY SRI RAVICHANDRAGOUDA R.PATIL, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

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MAHALAKSHMI D/O NINGANAGOUDA HIREGOUDAR, AGED 32 YEARS, OCCUPATION: GOVERNMENT JOB, R/O. SANGOLLI RAYANNA NAGAR, DHARWAD-580002.

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…RESPONDENT

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(NOTICE SERVED TO RESPONDENT)

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THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING TO QUASH THE ORDER ISSUING NOTICE DATED 26.09.2025, ALL NOTICE ISSUED PRIOR THERETO, AND ALL SUBSEQUENT PROCEEDINGS IN PCR NO.115/2025 PENDING ON THE FILE OF III ADDL.SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, FOR THE OFFENCES U/S 319, 351, 318(4), 118(1), 456, 318 R/W 3(5) OF BNS, AS AGAINST THE PETITIONER NO.1, 2 AND 3 (ACCUSED NO.2, 3 AND 4), IN THE INTEREST OF JUSTICE.

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NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025

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HC-KAR

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri Ravichandragouda R.Patil, learned counsel for petitioners.

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Grievance of the petitioners is that without following the requisite procedure under Section 223 BNSS, notice came to be issued to the accused without the recording the sworn statement of complainant witnesses and a notice came to be issued to accused by learned Magistrate.

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Same is challenged as it is not in accordance with the

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procedure prescribed under Section 223 BNSS.

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Admittedly, the learned trial Magistrate erred in issuing the notice without recording the sworn statement of the complainant.

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Hence, order issuing the notice needs to be set aside and matter is remitted to the learned trial Magistrate to proceed with the case strictly in accordance with the procedure contemplated under Section 223 BNSS.

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NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025

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HC-KAR

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