AKHIL ACHUTHAN vs STATE OF KARNATAKA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025
®


CNR: KAHC010007962025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 293 OF 2025 (482(Cr.PC) /

528(BNSS)-)

C/W

CRIMINAL PETITION NO. 1003 OF 2025 (482(Cr.PC)

/ 528(BNSS)-)


CRIMINAL PETITION NO. 1081 OF 2025 (482(Cr.PC)

/ 528(BNSS)-)

IN CRL.P No. 293/2025
BETWEEN:

AKHIL ACHUTHAN
S/O ACHUTAN,
AGED ABOUT 32 YEARS,
R/AT H NO.204,
VASUDHA COLONY,
ALTO SANTA CRUZ,
BAMBOLIM TISWADI,
NORTH GOA-403202
…PETITIONER
(BY SRI. KARAN GUPTA ., ADVOCATE)

AND:

1. STATE OF KARNATAKA
THROUGH THE CHITRADURGA RURAL PS,
BASAVESHWAR NAGAR,
CHITRADURGA, KARNATAKA-577501
REPRESENTED BY THE PUBLIC PROSECUTOR.

2. DILEEP
S/O CHANDRAPPA T,





Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 2 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


AGED ABOUT 30 YEARS,
MALLANAKATTE VILLAGE
MEDEHALLI POST
CHITRADURGA TALUK
CHITRADURGA, KARNATAKA,
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE FIR DATED 09.12.2024 IN CR.
NO.0467 OF 2024 REGISTERED WITH CHITRADURGA RURAL PS,
KARNATAKA FOR AN OFFENCE U/S. 318(3) OF THE BNS 2023
PENDING ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE (Jr.Dn) AND
JMFC COURT, CHITRADURGA DISTRICT, CHITRADURGA, AS AGAINST
THE PETITIONER (PRODUCED AS ANNEXURE A) AND ETC.


IN CRL.P NO. 1003/2025
BETWEEN:

DIGAMBAR NAITHANI
S/O MR. NAITHANI SHIVCHARAN
AGED ABOUT 25 YEARS
RESIDING H NO. 189/2,
GUJRABHAT, SANTAN TALAULIM,
CURCA, GOA, VELHA, TISWADI,
NORTH GOA 403108
...PETITIONER
(BY SRI. KARAN GUPTA., ADVOCATE)

AND:

1. STATE OF KARNATAKA
THROUGH THE CHITRADURGA RURAL PS,
BASAVESHWAR NAGAR,
CHITRADURGA, KARNATAKA 577501
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BANGALORE-560001.

2. DILEEP
S/O CHANDRAPPA.T
AGED ABOUT 30 YEARS
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 3 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


MALLANAKATTE VILLAGE,
MEDEHALLI POST,
CHITRADURGA TALUK
KARNATAKA
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

IN CRL.P NO. 1081/2025
BETWEEN:

HIMADRI NANDAN MOHAPATRA
S/O RUDRA SHANKAR MOHAPATRA
AGED ABOUT 35 YEARS
RESIDING FLAT 103,
SUMANTHA SAI SMILEHOME BANDAR LAYOUT,
NIZAMPET, MEDCHAL - 500 090
TELANGANA
...PETITIONER
(BY SRI. KARAN GUPTA., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THROUGH THE CHITRADURGA RURAL PS,
BASAVESHWAR NAGAR
CHITRADURGA
KARNATAKA - 577501
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT BUILDING-560001


2. DILEEP
S/O CHANDRAPPA T
AGED ABOUT 30 YEARS
MALLANAKATTE VILLAGE,
MEDEHALLI POST
CHITRADURGA TALUK
KARNATAKA-577502
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 4 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025



THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED
U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 09.12.2024
IN CR.NO.0467/2024 REGISTERED WITH CHITRADURGA RURAL
PS,KARNATAKA FOR AN OFFENCE U/S 318(3) OF THE BNS, 2023
PENDING ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE (JR.DN)
AND JMFC COURT, CHITRADURGA DISTRICT CHITRADURGA, AS
AGAINST THE PETITIONER (PRODUCED AS ANNEXURE-A) AND
ETC.


THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Sri.Karan Gupta., learned counsel submits that he
would be appearing for the petitioner in
Crl.P.No.293/2025 and he has filed his
Vakalathnamma for petitioner in Crl.P.No.293/2025.
Hence, registry is directed to print his name as such
and delete the name of Sri.Aditya Chatterjee., as
that appearing for the petitioner.

2. In all the above matters the petitioner is before this
Court seeking for the following reliefs;
1. Quash the fir dated 09.12.2024 in Cr. No.0467 of 2024
registered with Chitradurga Rural PS, Karnataka for an
offence u/s. 318(3) of the BNS 2023 pending on the file
st
of the 1 Addl. Civil Judge (Jr.Dn) and JMFC court,
Chitradurga District, Chitradurga, as against the
petitioner (produced as Annexure A).

Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


2. Quash the complaint dated 09.12.2024 filed by the
respondent no.2 before the sub-inspector of police,
Rural Police Station, Chitraudrga on which basis the
above fir was registered, as against the petitioner
(produced as Annexure B).

3. The contention of learned counsel for the petitioner is
that on a complaint filed by respondent No.2 on
09.12.2024, FIR in Crime No 467 of 2024 came to be
registered on the same date for offences under
Section 318(3) of the Bharatiya Nyaya Sanhita, 2023
(BNS). His submission is that an offence under
Section 318(3) being a non-cognizable offence, a FIR
could not have been registered by the jurisdictional
police without the express a written permission of
the jurisdictional Magistrate.

4. In the present matter, he submits that after the
registration of the complaint at 19.30 hours, the
same has been forwarded to the Magistrate at 20.05
hours. Therefore, he submits that there is no prior
permission which has been obtained by the
jurisdictional police before registration of the
complaint.

5. In this regard he relies upon the decision of the Co-
ordinated Bench of this Court in Asif and Anr &
Anr., vs. The State of Karnataka in
Crl.P.No.201594 of 2024 , more particularly para 8
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


and 9 thereof, which are reproduced hereunder for
easy reference;
8.
Later on, the informant should be referred to the
Magistrate for obtaining necessary permission. It is
also incumbent on the SHO to forward the daily
diary report of all such cases fortnightly to the
Magistrate.
9. Sub-Section 2 of Section 174 of BNSS, 2023
creates an embargo on the police officer not to
investigate such matters, where non-cognizable
offence is made out without an order by the
jurisdictional Magistrate, who has got power to try
such offence or commit the case for trial.

6. Learned counsel submits that the aforesaid decision
specifically interprets Section 174 of the BNSS, which
came into force on 01.07.2024, and therefore
squarely applies to the present case, wherein the
complaint was lodged on 09.12.2024. The procedure
prescribed under the new enactment is mandatory
and has to be followed before the police can proceed
to investigate a non-cognizable offence.

7. He further submits that Section 174 of the BNSS
substantially retains the procedure contemplated
under Section 155 of the Cr.P.C. In the case of a
non-cognizable offence, the officer in charge of the
police station is required to enter the substance of
the information in the prescribed book, refer the
informant to the Magistrate and forward the daily
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 7 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


diary report of such cases to the Magistrate
fortnightly. More importantly, under Section 174(2),
no police officer can investigate such a case without
an order of the jurisdictional Magistrate having the
power to try the offence or commit the case for trial.

8. Learned counsel contends that none of these
statutory requirements has been complied with in the
present case. Instead of entering the information as
a non-cognizable case and obtaining the Magistrate's
order before commencing investigation, the
jurisdictional police proceeded directly to register
Crime No.467 of 2024. The subsequent forwarding of
the complaint to the Magistrate does not cure the
initial illegality. The registration of the crime and the
consequential proceedings are, therefore, contrary to
Section 174 of the BNSS and liable to be quashed.

9. On the aforesaid grounds, learned counsel submits
that the registration of Crime No.467 of 2024,
without first obtaining the order of the jurisdictional
Magistrate, is contrary to the procedure prescribed
by law and amounts to an abuse of the process of
Court. He accordingly seeks interference by this
Court.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025



10. Heard Sri.Karan Gupta., learned counsel for
petitioner Smt. Rashmi Patel., Learned HCGP for
Respondent No.1. Perused papers.

11. The records indicate that the complaint was received
by the jurisdictional police on 09.12.2024 at about
7.30 p.m. and Crime No.467 of 2024 came to be
registered on the same date. The complaint was
thereafter forwarded to the jurisdictional Magistrate
at about 8.05 p.m. It is not in dispute that the
Magistrate merely received the complaint and did not
pass any order authorising the police to investigate
the matter.

12. The First Schedule to the BNSS classifies the offence
under Section 318(3) of the BNS as non-cognizable
and bailable. The FIR in the present case has been
registered only for the said offence. No other
cognizable offence has been invoked or disclosed in
the FIR. Consequently, the exception contemplated
under Section 174(4) of the BNSS, which applies
where a case relates to two or more offences, at
least one of which is cognizable, does not arise for
consideration.

13. Section 174(1) of the BNSS requires the officer in
charge of a police station, upon receiving information
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


concerning a non-cognizable offence, to enter the
substance of such information in the prescribed book,
refer the informant to the Magistrate and forward the
daily diary report of such cases to the Magistrate
fortnightly.

14. More importantly, Section 174(2) of the BNSS
expressly provides that no police officer shall
investigate a non-cognizable case without an order of
the Magistrate having the power to try such case or
commit the case for trial. The requirement of
obtaining an order from the jurisdictional Magistrate
is, therefore, mandatory. The receipt of the
complaint by the Magistrate cannot be treated as an
order authorising investigation. There must be a
specific order permitting the police to investigate the
non-cognizable case.

15. A Co-ordinate Bench of this Court, in Asif and
Another v. State of Karnataka, Crl.P. No.201594
of 2024, decided on 01.07.2025, has considered the
procedure required to be followed under Section 174
of the BNSS. The Co-ordinate Bench, after examining
the provision, held that the police are required to
refer the informant to the Magistrate for obtaining
permission and that the jurisdictional Magistrate
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 10 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025


must consider the complaint and pass an order in
writing permitting investigation. It was further held
that only upon receipt of such an order can the police
register a case and proceed with the investigation in
accordance with Section 174(3) of the BNSS.

16. In the present case, the sequence of events is
contrary to the procedure prescribed under Section
174 of the BNSS. The police registered Crime No.467
of 2024 at 7.30 p.m. and forwarded the complaint to
the Magistrate only thereafter, at 8.05 p.m. The
Magistrate did not pass any order authorising
investigation. Thus, there was neither prior
permission nor any subsequent order of the
jurisdictional Magistrate permitting the police to
investigate the non-cognizable offence.

17. Merely forwarding the complaint to the Magistrate
and obtaining an acknowledgment of its receipt does
not amount to compliance with Section 174(2) of the
BNSS. The statutory requirement is not one of mere
intimation to the Magistrate, but of obtaining an
order authorising investigation. In the absence of
such an order, the police could not have proceeded in
the manner adopted in the present case.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

- 11 -
HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025



18. In view of the above, the registration of Crime
No.467 of 2024 without following the procedure
prescribed under Section 174 of the BNSS is not
sustainable in law. The continuation of the
proceedings pursuant to such registration would
amount to permitting the police to bypass an express
statutory requirement governing investigation of
non-cognizable offences.

19. Accordingly, the Criminal Petition is allowed. FIR in
Crime No.467 of 2024 registered by the jurisdictional
police for the offence punishable under Section
318(3) of the BNS and all consequential proceedings
arising therefrom are required to be quashed.

20. It is made clear that this order shall not preclude
Respondent No.2 from approaching the jurisdictional
Magistrate in accordance with Section 174 of the
BNSS and seeking an order authorising investigation.
If such an order is passed, the police shall be at
liberty to proceed in accordance with law. This Court
has not expressed any opinion on the merits of the
allegations made in the complaint.

Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:62074
CRL.P No. 293 of 2025
C/W CRL.P No. 1003 of 2025
CRL.P No. 1081 of 2025


CNR: KAHC010007962025



21. In that view of the matter, this Court passes the
following;
ORDER

allowed
i. All the above criminal petitions are .

ii. An FIR dated 09.12.2024 in Cr.No.467 of 2024
registered by the Chitradurga Rural PS pending
on the file of the I Addl. Civil Judge (Jr.Dn) and
JMFC Court, Chitradurga District, Chitradurga at
Annexure-A and the complaint dated
09.12.2024 filed by the respondent No.2 before
the sub-inspector of police, Rural Police Station,
Chitraudrga on which basis the above FIR was
registered at Annexure B insofar as the
petitioner is concerned are quashed, with
liberty being reserved as indicated in the body
of the Order.
Digitally Signed By:
SURAJ GOVINDA RAJ
13/11/2026, 14:19, Bengaluru


Verified
(SURAJ GOVINDARAJ)
JUDGE

SR
List No.: 1 Sl No.: 1