Allowed

Smt Moseena Taj v. the State of Karnataka

Karnataka HC18 Sept 2026CRL.P/3990/2025

Case brief

AI extract

What is this about?

The High Court set aside a magistrate's order accepting a police 'C' report in a fatal motor accident case because the complainant was not given notice or an opportunity to file a protest memo. The matter was remanded for fresh consideration after allowing the petitioner to submit documents and a protest memo.

What did the court decide?

Order dated 17.06.2021 accepting the 'C' report set aside; matter remanded to II Additional Civil Judge and JMFC, Tumakuru for fresh consideration after allowing petitioner to file protest memo and produce documents.

Smt Moseena Taj Vs the State of Karnataka — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:51078 CRL.P No. 3990 of 2025

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CNR: KAHC010187462025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 3990 OF 2025 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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SMT. MOSEENA TAJ, W/O. LATE SAIFULLA AGED ABOUT 32 YEARS R/O.7^TH CROSS, MARALUR JANATHA COLONY, TUMAKURU-572 104

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…PETITIONER

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(BY SRI HARISH N.R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY TUMAKUR TRAFFIC POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, AMBEDKAR BEEDI, BENGALURU-560 001.

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…RESPONDENT

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(BY SRI RANJITH KUMAR N, HCGP)

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THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED II ADDL.CIVIL JUDGE AND J.M.F.C TUMAKURU IN CR.NO.201/2020 DATED 17.06.2021 AND RESTORE THE CASE DIRECTING THE RESPONDENT POLICE TO CONDUCT REINVESTIGATION IN CR.NO.201/2020 FOR THE OFFENCE P/U/S

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Digitally Signed By: SURAJ GOVINDA RAJ 21/09/2026, 13:40, BENGALURU Verified

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NC: 2026:KHC:51078 CRL.P No. 3990 of 2025

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HC-KAR

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CNR: KAHC010187462025

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279,304(A) OF IPC AND SEC.134(a AND b) AND 187 OF INDIAN MOTOR VEHICLES ACT.

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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 SURAJ GOVINDARAJ

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ORAL ORDER

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Petitioner is before this Court seeking for the following relief:

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"THEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the order passed by the learned II Addl. Civil Judge and J.M.F.C Tumakuru in Crime No.201/2020 dated 17.06.2021 and restore the case directing the respondent police to conduct re-investigation in Crime No.201/2020 for the offence p/u/s 279, 304(a) of Indian Penal Code and Section 134 (a and b) and 187 of Indian Motor Vehicles Act, in the interest of justice."

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What has been challenged is the order accepting the 'C' report filed by the Investigating Officer. The order reads as follows:

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"Perused the records, C report is accepted for the present".

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Apart from the above, there is no application of mind in respect to the said order. The 'C' report has been submitted. The petitioner, who was the complainant, had not been made aware of the said 'C' report and was not

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Digitally Signed By: SURAJ GOVINDA RAJ 21/09/2026, 13:40, BENGALURU Verified

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HC-KAR

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NC: 2026:KHC:51078 CRL.P No. 3990 of 2025

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CNR: KAHC010187462025

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provided an opportunity of contesting the said 'C' report by filing a protest memo. The acceptance of the 'C' report without notice to the complainant and without providing an opportunity for filing a protest memo is contrary to the

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applicable law.

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In that view of the matter, this Court passes the following order:

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(i) The criminal petition is allowed .

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(ii) The order dated 17.06.2021, accepting the 'C' report, is set aside.

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(iii) The matter is remanded to the II Additional Civil Judge and JMFC, Tumakuru, for fresh consideration by permitting the petitioner to furnish such documents and records that may be available with the petitioner along with the protest memo to be filed in respect thereto.

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Digitally Signed By: SURAJ GOVINDA RAJ 21/09/2026, 13:40, BENGALURU Verified

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(SURAJ GOVINDARAJ) JUDGE

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VP,List No.: 1 Sl No.: 31

Smt Moseena Taj v. the State of Karnataka

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Smt Moseena Taj v. the State of Karnataka

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