Mr.Suchint Saran Vs State of Karnataka

MR. SMRUTI RANJAN PATRA, S/O SANTOSH KUMAR PATRA, AGED ABOUT 29 YEARS, R/AT FLAT NO.1211, 12^TH FLOOR, SUNCITY GLORIA, BLOCK-2, WING-C, DODDAKANNELL, SARJAPUR ROAD,

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BENGALURU-560 035.

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

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MR. RAHUL GANDHI, S/ O SARWAN KUMAR GANDHI, AGED ABOUT 37 YEARS,

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R/AT NO.405 AND 406, SITE NO. O I, 1^ST CROSS ROAD, CPR LAYOUT, HARLUR ROAD, BENGALURU-560 102.

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MS. LIPIKA CHAWLA, D/O ASHOK CHAWLA, AGED ABOUT 37 YEARS, R/AT APARTMENT NO.5803, WING-58, 4^TH FLOOR, SOBHA DREAM ACRES, PANATHUR, BENGALURU-560 103.

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MR. MAHESH, S/O PUTTASWAMY, AGED ABOUT 35 YEARS,

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NC: 2026:KHC:23210 CRL.P No. 12625 of 2025

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HC-KAR

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R/AT NO. 72, BALIGHATTA ANCHE, MELUKOTE HOBLI, TALEKERE, MANDYA-571 431.

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MR. HARSH SAHAY, S/O H.N. SAHAY, AGED ABOUT 37 YEARS, R/O FLAT NO.5011, 1^ST FLOOR, SOBHA DHALIA, GREN GLAN LAYOUT, BELLANDUR, BENGALURU-560 103.

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UMANG RAJ, C/O MR. UMESH KUMAR SINHA, CHANDMARI ROAD LANE NO.7 NEAR POLICE CHOWKI, KANKARBAGH PATNA, BIHAR- 800 020.

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…PETITIONERS

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(BY SRI. VIKRAM CHOUDHAAR, SENIOR COUNSEL APPEARING FOR SRI. BHARATH KUMAR V. AND MS. SWAPNIL KHATRI, MISS. DIYA BHAGWAN, ADVOCATES)

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AND:

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STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, CENTRAL CRIME BRANCH POLICE STATION (ECONOMIC OFFENCES WING), HAVING OFFICE AT NEAR BMTC BUS DEPOT, SHANTHINAGAR, BENGALURU - 560 027. REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA,

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AMBEDKAR VEEDHI, BENGALURU-01.

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MR. JOHN THALIATH, S/O THARIAN HORMISE THALIATH, AGED ABOUT 43 YEARS, R/O NO.84/1, VAISHNAVI SOVEREIGN, GREEN GLEN LAYOUT, BELLANDUR, BENGALURU - 560 103.

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…RESPONDENTS

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(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL APPEARING FOR SRI. CHINMAY J. MIRJI, ADVOCATE FOR R-2 SRI. M.R. PATIL, HCGP FOR R-1)

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NC: 2026:KHC:23210 CRL.P No. 12625 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR BEARING NO.26/2025 REGISTERED WITH THE RESPONDENT NO.1 CCB BENGALURU POLICE STATION; WHEREIN, THE PETITIONERS HEREIN ARE ARRAIGNED AS ACCUSED IN THE RANKS AS SHOWN IN THE CAUSE TITLE FOR THE ALLEGED OFFENCE UNDER SECTIONS 316(2), 316(4), 318(4) AND 61 R/W SECTION 3(5) OF THE BNSS-2023, PENDING BEFORE HON’BLE I ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU.

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THIS PETITION, COMING ON FOR ADMISSION , 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 the following reliefs:

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(a) Quash the FIR bearing No.26/2025 registered with the respondent No.1 CCB Bengaluru Police Station; wherein, the petitioners herein are arraigned as accused in the ranks as shown in the Cause Title for the alleged offence under Section 316(2), 316(4), 318(4) and 61 r/w Section 3(5) of the BNSS-2023, pending before Hon’ble I Addl. Chief Judicial Magistrate, Bengaluru.

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(b) Quash the entire proceedings in matter bearing Crime / FIR bearing No.26/2025 registered with the Respondent No.1 CCB, Bengaluru Police Station and pending on the file of Hon’ble I Addl. Chief Judicial Magistrate, Bengaluru; wherein the petitioners herein are arraigned as accused in the ranks as shown in the Cause Title for the alleged offence under Section 316(2), 316(4), 318(4) and 61 r/w Section 3(5) of the BNSS-2023;

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NC: 2026:KHC:23210 CRL.P No. 12625 of 2025

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HC-KAR

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(c) Grant such other relief that this Hon’ble Court may deem fit in the facts of the present matter.

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Heard learned Senior Counsel for the petitioners and learned HCGP for respondent No.1 and learned Senior Counsel for respondent No.2 and perused the material on record.

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In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned Senior counsel for the petitioner submits that the preliminary enquiry conducted by the 1^st respondent – Police, pursuant to which they registered the impugned FIR is illegal and contrary to law and facts as well as the provisions contained in Section 173 of the BNSS, 2023 and the same deserves to be quashed.

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Per contra, learned Senior Counsel for the 2^nd respondent as well as learned HCGP for the 1^st respondent – Police jointly submit on instructions that the 1^st respondent – Police may be directed to conduct a fresh / new preliminary enquiry within a period of 14 days as contemplated under Section 173(3)(i) of the BNSS, 2023 by setting aside the preliminary enquiry report dated 07.04.2025 and the impugned FIR in Crime No.26/2025 dated

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5 - NC: 2026:KHC:23210 CRL.P No. 12625 of 2025

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HC-KAR

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10.04.2025 and to proceed further in accordance with law. The aforesaid joint submissions made on behalf of respondents 1 and 2 are placed on record.

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In view of the aforesaid facts and circumstances and joint submissions made on behalf of respondents 1 and 2, I deem it just and appropriate to set aside the impugned FIR in Crime No.26/2025 dated 10.04.2025 as well as the Preliminary Enquiry Report dated 07.04.2025 and remit the matter back to the respondent No.1 – police authorities with a direction to conduct a fresh / new preliminary Enquiry and proceed further in accordance with the provisions contained in Section 173 BNSS, 2023 and 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) The petition is hereby allowed .

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(ii) The impugned FIR in Crime No.26/2025 dated 10.04.2025 as well as the Preliminary Enquiry Report dated 07.04.2025 are hereby set aside.

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(iii) The matter is remitted back to 1^st respondent –

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police authorities to conduct a fresh / new preliminary enquiry

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NC: 2026:KHC:23210 CRL.P No. 12625 of 2025

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HC-KAR

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within a period of 14 days from the date of receipt of a copy of this order as contemplated under Section 173(3)(i) of the BNSS, 2023 and proceed further in accordance with the provisions contained in Section 173 BNSS, 2023 and in

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accordance with law as expeditiously as possible.

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(iv) All rival contentions on all aspects of the matter are

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kept open and no opinion is expressed on the merits /

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demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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SV / SRL List No.: 1 Sl No.: 1

Mr.Suchint Saran v. State of Karnataka

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Mr.Suchint Saran v. State of Karnataka

Case brief

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