Karnataka High Court

CRL.P/398/2024 of BINISH THOMAS Vs STATE OF KARNATAKA on 21 September 2026

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CNR: KAHC010010602024 NC: 2026:KHC:51745 CRL.P No. 398 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 398 OF 2024 BETWEEN: 1. BINISH THOMAS S/O C.M. THOMAS AGED ABIOUT 47 YEARS,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO. 398 OF 2024

BETWEEN:

1.

BINISH THOMAS

S/O C.M. THOMAS

AGED ABIOUT 47 YEARS,

OCCUPATION : BUSINESS

R/AT NO.B4, 418-M-122,

MALAPRABHA BLOCK,

KORAMANGALA NATIONAL

GAMES HOUSE COMPLEX,

KORAMANGALA VITH BLOCK,

BENGALURU 560 095.

2.

JIKKU JOSEPH

S/O JOSEPH

AGED ABOUT 39 YEARS

OCCUPATION : PRIVATE WORK

R/A NO.96, SHAMANNA LAYOUT,

5TH CROSS ROAD,

OLD MILL ROAD,

ARVIND NAGAR,

BANGALORE CITY 560 084.

…PETITIONERS

(BY SRI. CHETAN JADHAV, ADVOCATE)

Digitally signed

by PANKAJA S

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

AND:

1.

STATE OF KARNATAKA

BY HAL POLICE STATION

BENGALURU,

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BANGALORE 560 001.

2.

LAWRENCE JOSEPH

S/O LATE C.O JOSEPH

AGED ABOUT 41 YEARS,

R/A NO.69,

S.L.S VILLA

HORAMAVU AGRA

BANGALORE 560 043.

…RESPONDENTS

(BY SRI.MAHESH P., HCGP FOR R-1;

SRI.K.RAVINDRANATH, ADVOCATE FOR R-2)

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE

FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER

PASSED BY THE XXIX ADDL.C.M.M., BENGALURU REFERRING

THE MATTER TO SHO OF HAL POLICE STATION FOR

INVESTIGATION U/S 156(3) OF CR.P.C. VIDE ORDER DATED

31.10.2023 IN CPR.NO.58078/2023 PENDING ON THE FILE OF

XXIX ADDL.C.M.M., BENGALURU.

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

HC-KAR

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL ORDER

The short question advanced by the learned Senior Counsel appearing for the petitioners/accused Nos.1 and 2 is that the complainant, while filing the private complaint, had not filed the affidavit as required under the judgment of the Hon’ble Apex Court in Priyanka Srivastava v. State of Uttar Pradesh and Others, reported in (2015) 6 SCC 287. However, learned counsel appearing for the respondent/complainant submits that the affidavit has, in fact, been filed.

Even assuming that the affidavit has been filed, the learned Senior Counsel has raised another contention that the complainant has not complied with the requirement of Section 154(1) of the Cr.P.C. This contention also requires consideration by the learned Magistrate.

Reserving such liberty, petition is disposed of.

SD/-

(RAJESH RAI K)

JUDGE

GPG List No.: 1 Sl No.: 1

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