Karnataka High Court
CRL.P/12755/2026 of MR. SHEIK MOHAMMED ARSHAD, Vs STATE OF KARNATAKA on 23 September 2026
CNR: KAHC010571342026 NC: 2026:KHC:52438 CRL.P No. 12755 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12755 OF 2026 BETWEEN: MR.SHEIK MOHAMMED ARSHAD, S/O LATE SHEIKH
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 12755 OF 2026
BETWEEN:
MR.SHEIK MOHAMMED ARSHAD,
S/O LATE SHEIKH HASSAN,
AGED 54 YEARS,
R/A NO. 3-132, AMMANABETTU ROAD,
PADUMARNADU VILLAGE,
MOODABIDRI TALUK,
DAKSHINA KANNADA – 574 213.
…PETITIONER
(BY SRI SANTOSH RAJ URS B.Y., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
THROUGH MOODABIDRE PS.
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2.
MR. MOHAMMED ASHRAF HASAN
S/O LATE SHEIKH HASSAN,
AGED 51 YEARS,
R/A NO. 3-132, AMMANABETTU ROAD,
PADUMARNADU VILLAGE,
MOODABIDRI TALUK,
HC-KAR
DAKSHINA KANNADA – 574 213.
…RESPONDENTS
(BY SRI G.S.ARUNA, HCGP FOR R-1)
THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED
24.05.2024 PASSED BY THE HON’BLE CIVIL JUDGE AND JMFC, MOODABIDRI, REJECTING B-REPORT FILED BY THE 1st RESPONDENT IN CR.NO.263/2020, FOR THE OFFENCES P/U/S
406, 407, 417, 420, 468 OF IPC, AS PER ANNEXURE-F; b) SET
ASIDE THE IMPUGNED ORDER DATED 09.06.2025 PASSED BY
THE HON’BLE CIVIL JUDGE AND JMFC, MOODABIDRI, TAKING
COGNIZANCE OF THE OFFENCES P/U/S 406, 407, 417, 420, 468 OF IPC IN CC.NO.372/2025, AS PER ANNEXURE-H;
c)
CONSEQUENTLY,
QUASH
THE
PROCEEDINGS
IN
CC.NO.372/2025, PENDING BEFORE THE HON’BLE CIVIL JUDGE
AND JMFC, MOODABIDRI AS AGAINST THE PETITIONER FOR
THE OFFENCES P/U/S 406, 407, 417, 420, 468 OF IPC, AS PER
ANNEXURE-E.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL ORDER
Heard the learned counsel for the petitioner.
2. Learned High Court Government Pleader accepts notice for the first respondent.
HC-KAR
3. It is submitted that pure civil transactions are converted into a criminal case and the police have rightly filed a ‘B’ report. A protest petition is filed against the ‘B’ report and the trial Court rejected the ‘B’ report vide order dated 24.05.2024. Without there being any materials, the Court has taken cognizance of the offences and that there are no ingredients of any offence to support the case of the Complainant.
4. Considering the submissions, the Court is of the view that the order taking cognizance and order rejecting the ‘B’ report can very well be challenged before the jurisdictional Sessions Court.
5. Hence, the petition is disposed of, reserving liberty to the petitioner to approach the jurisdictional Sessions Court.
6. All contentions are kept open.
7. Nothing is expressed on the merits of the matter.
8. The jurisdictional Sessions Court shall consider the contentions in accordance with law.
HC-KAR
9. The time spent in prosecuting this petition from 14.08.2026, till today, shall be excluded while computing the limitation, if any.
10. The Registry shall return the certified copies of the documents to the petitioner after retaining photocopies of the same.
11. Pending I.A.Nos.I and II of 2026 stand disposed, as a consequence.
(ANANT RAMANATH HEGDE) JUDGE
NVJ List No.: 1 Sl No.: 39