Disposed¶45

Shaila Suresh Babu Shet v. Mr. Sriramalu Naidu

Karnataka HC13 Jul 2026WP/20111/2026

Case brief

AI extract

What is this about?

Defamation-related private complaint; BNS 2023 Ss.356, 356(2), 356(3), 3(5) equated to IPC Ss.499-500; PCR No.45/2026, JMFC II Court, Mangaluru; complaint dated 16.02.2026; quashing petition under Article 226; parity with co-accused Crl.P.No.6703/2026 disposed 03.07.2026; interim stay 02-06-2026 qua petitioner No.3; pre-cognizance stage; liberty reserved to approach appropriate forum; WP No. 20111 of 2026 (GM-RES); High Court of Karnataka; M. Nagaprasanna J.; decided 13.07.2026.

What did the court decide?

Petition disposed on parity with the co-accused's Crl.P.No.6703/2026; liberty reserved to the petitioner to approach the appropriate forum at a later point in time. Quashment was not granted. ¶45

Shaila Suresh Babu Shet Vs Mr. Sriramalu Naidu — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed on parity with the co-accused's Crl.P.No.6703/2026; liberty reserved to the petitioner to approach the appropriate forum at a later point in time. Quashment was not granted.

¶45

Issue for consideration

Whether the private complaint dated 16.02.2026 and the entire proceedings in PCR No.45/2026 (JMFC II Court, Mangaluru) for alleged offences under Sections 356, 356(2), 356(3) and 3(5) BNS, 2023 should be quashed as against the petitioner, in the light of this Court's earlier disposal of the co-accused's petition Crl.P.No.6703/2026.

¶28

Court's answer

In the light of the order already passed by this Court qua the co-accused in Crl.P.No.6703/2026 (disposed 03.07.2026 with liberty reserved), the writ petition is disposed of, reserving liberty to the petitioner to approach the appropriate forum at a later point in time; the prayer for quashment was not adjudicated on merits.

¶45

Detailed headnote1 paragraphs

Karnataka High Court (M. Nagaprasanna, J.), 13 July 2026, WP No. 20111 of 2026 (GM-RES): The petitioner, Shaila Suresh Babu Shet, invoked Article 226 seeking quashment of a private complaint dated 16.02.2026 filed by Respondent No.1 Sriramalu Naidu and the entire proceedings in PCR No.45/2026 before the JMFC (II Court), Mangaluru, registered for alleged offences punishable under Sections 356, 356(2), 356(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Counsel pointed out that in the case of the co-accused, this Court by order dated 03.07.2026 in Crl.P.No.6703/2026 — reproduced in the judgment — had disposed of an identical quashing petition (the subject complaint being at a pre-cognizance stage therein, described as involving the equivalents of Sections 499 and 500 IPC) while reserving liberty to approach the appropriate forum with all contentions open. Holding that parity with the co-accused's order obtained, the Court disposed of this petition likewise, reserving liberty to the petitioner to approach the appropriate forum at a later point in time; the quashing prayer was not decided on merits.

¶1

¶2

NC: 2026:KHC:35314 WP No. 20111 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JULY, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20111 OF 2026 (GM-RES)

¶7

BETWEEN:

¶8

SHAILA SURESH BABU SHET W/O SURESH BABU CHANDRAN AGED ABOUT 52 YEARS HAVING PERMANENT ADDRESS AT 12-5-542, DONGERKERY MANGALURU-575003 PRESENTLY RESIDING AT ABU DHABI, UNITED ARAB EMIRATES

¶9

…PETITIONER

¶10

(BY SRI. SACHIN B S., ADVOCATE)

¶11

AND:

¶12

Digitally signed by PADMAVATHI B K

¶13

Location: High Court of Karnataka

¶14

MR. SRIRAMALU NAIDU S/O LATE BABU NAIDU AGED ABOUT 79 YEARS R/AT RAMA BHAVAN COMPLEX KODIALBAIL, MANGALURU-575003

¶15

(BY SRI. GIRISH BHARADWAJ., ADVOCATE)

¶16

…RESPONDENT

¶17

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRIVATE COMPLAINT DATED 16.02.2026 AND THE ENTIRE PROCEEDINGS IN PCR NO.45/2026 PENDING ON THE FILE OF THE JMFC (II COURT), MANGALURU, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 356, 356(2), 356(3) AND 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PURSUANT TO THE PRIVATE COMPLAINT FILED BY

¶18

¶19

NC: 2026:KHC:35314 WP No. 20111 of 2026

¶20

HC-KAR

¶21

RESPONDENT NO. 1, SO FAR AS PETITIONER IS CONCERNED ONLY AS PER ANNEXURES-A AND B AND ETC.

¶22

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

¶23

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶24

ORAL ORDER

¶25

Heard Sri. B.S. Sachin, learned counsel appearing for the petitioner, Sri. Girish Bharadwaj, learned counsel appearing for respondent No.1 and have perused the material on record.

¶26

The petitioner is before this Court, seeking the

¶27

following prayer:

¶28

"a. Quash the private complaint dated 16.02.2026 and the entire proceedings in PCR No.45/2026 pending on the file of the JMFC (II Court), Mangaluru, registered for the alleged offences punishable under Section 356, 356(2), 356(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, pursuant to the private complaint filed by pursuant to the complaint filed by Respondent No.1 insofar as petitioner concerned only as per Annexures-A and B;

¶29

b. Pass such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

¶30

3. Learned counsel appearing for the petitioner

¶31

submits that in the case of the co-accused, this Court has

¶32

¶33

NC: 2026:KHC:35314 WP No. 20111 of 2026

¶34

HC-KAR

¶35

passed the following order in Crl.P.No.6703/2026 on

¶36

03.07.2026:

¶37

“Petitioners are before this Court seeking to quash the complaint dated 16-02-2026 and entire proceedings in PCR No.45 of 2026 pending on the file of JMFC II Court, Mangaluru.

¶38

Heard the learned counsel Sri Sachin B.S., appearing for petitioners and learned counsel Sri Girish Bharadwaj appearing for the respondent.

¶39

A private complaint comes to be filed by the respondent against the petitioners herein and two others, for offences punishable under Section 356, 356(2), 356(3) and 3(5) of the BNS, 2023 i.e., Sections 499 and 500 of the earlier regime, the IPC. The moment the complaint is registered or even before the ink on the complaint could dry, the petitioners are before this Court calling in question the said proceedings, on the score that it causes grave prejudice to the petitioners. This Court, on 02-06-2026, granted an interim order of stay of further proceedings qua petitioner No.3.

¶40

The issue is admittedly at a pre-cognizance stage, therefore all the rights would be available to the petitioners to knock at the doors of the appropriate fora, in the event the concerned Court would take cognizance, in accordance with law or contrary to law, as the case would be.

¶41

4 - NC: 2026:KHC:35314 WP No. 20111 of 2026

¶42

HC-KAR

¶43

Therefore, reserving such liberty to the petitioners to approach the appropriate forum at a later point in time, keeping all contentions open, the petition stands disposed.”

¶44

In the light of the order so passed by this Court qua

¶45

the co-accused, the petition stands disposed reserving liberty to the petitioner to approach the appropriate forum at a later point in time.

¶46

Sd/(M.NAGAPRASANNA) JUDGE

¶47

CM LIST NO.: 1 SL NO.: 243

Shaila Suresh Babu Shet v. Mr. Sriramalu Naidu

Case brief

What is this about?

What did the court decide?

Shaila Suresh Babu Shet v. Mr. Sriramalu Naidu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri P Pawan Kamath Vs State by Shivamogga

Mr Siddhanth Kapoor Vs the State - Inspector of Police

Sri. Velu @ Velmayil Somu Vs the State of Karnataka

Manjunatha H C Vs State of Karnataka

Sri. Tabrez Khan Vs the State of Karnataka

Jeevan Prakash K C Vs State of Karnataka