Writ Petition No. 2582 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2582 OF 2024 (GM-RES) C/W CRIMINAL PETITION NO. 10410 OF 2024 (BNSS) WRIT PETITION NO. 2581 OF 2024 (GM-RES) AND WRIT PETITION NO. 33587 OF 2024 (GM-RES) Digitally signed by REKHA R Location: High Court of Karnataka IN WP No. 2582 OF 2024 BETWEEN: 1. MR. SHARATH UDUPA S/O. KRISHNA UDUPA AGED ABOUT 35 YEARS SY NO.115, SRI SHANTANANDA VINAYAKA TEMPLE, NEXT TO RMV MALL, BB ROAD, YELAHANKA BANGALORE -560 064. 2. MRS. GAYATHRI DEVI M S W/O SHARATH UDUPA AGED ABOUT 32 YEARS SY NO 115, SRI SHANTANANDA VINAYAKA TEMPLE, NEXT TO RMV MALL, BB ROAD, YELAHANKA, BANGALORE -560 064. (BY SRI. UNNIKRISHNAN M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YELAHANKA POLICE STATION, …PETITIONERS - 2 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 YELAHANKA, BANGALORE -560 064 REPRESENTED BY ITS STATION HOUSE OFFICER.
Legal Reasoning
disposal in accordance with law as held by this Court in the case of Dr. Narasimhalu Nandini Memorial Education – Vs. Trust Janatha another Trust and W.P.No.203194/2022 dated 19.06.2023. It is also pointed out that in addition to O.S.No.2071/2022, which was registered pursuant to the impugned order, another suit in O.S.No.25645/2022 has been instituted by the respondent and both the suits may be disposed of in accordance with law. - 11 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 6. As rightly contended by learned counsel for respondent No.1-Trust, even assuming that the contentions urged by the petitioner were to be accepted and the relief sought for by respondent No.1-Trust are held to be beyond the scope and ambit of Section 92 CPC, it is perfectly legal and permissible to treat both the suits having been filed under Section 26 r/w. Order VII Rule 1 CPC and to be tried as a regular suit as held by this Court in the case of Dr. Narasimhalu Nandini Memorial Education Trust (supra), wherein it is held as under: “ 11. A perusal of the various matters enumerated under Sub Section (1) of Section 92 of CPC would indicate that a suit relating to removal of a trustee, appointment of new trustee, vesting the property in a trustee, direction to a trustee, accounts and enquiries of the trust, usage of the trust property for a particular purpose, settling the claim, etc. is carried under sub section (ii) of Section 92 of CPC. 12. Clause-(h) is a residuary provision which deals with granting of any such further or other relief as the nature of the case may require. This residuary provision in can only relate to the subject matter enumerated Clauses-(a) in read to (g) and would have conjunction with the said clause. Clause- (h) has no independent existence nor does for an independent subject matter so as to make it applicable to a suit for permanent injunction filed by the trust against a third party. It is only in respect of the subject matter at Clause-(a) to (g), that leave of the Court is required to be obtained and in connection thereto, any such other further reliefs in the interest of justice or in the nature of the case may also be sought for. it provide to be 13. The said Section 92 of CPC has been introduced for the purposes of proper administration of a trust and as such, deals with the internal management of the trust and the management of the trust properties. 14. The suit filed by the trust against a third party as done in this case, in my considered opinion would not - 12 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 come within the purview of Section 92 of CPC. The said suit having been filed in the normal operation of the trust for the trust to preserve and protect its properties and or claim such other properties and not relating to the management of the trust would be outside the purview of Section 92 of CPC. If such an interpretation is taken up, then a public charitable trust would never be able to file any injunction, recovery of money, specific suit performance, declaration or the like, thus, impending effective functioning and operation of the trust. for bare 15. In that view of the matter the trial Court having considered several aspects relating to the dispute between the plaintiff and the defendants of the suit and held that Section 92 of CPC would not apply for the reasons stated hereinabove and that stated by the trial Court, I do not find any the matter. to Accordingly, the writ petition is dismissed.” interfere with reason 7. In view of the aforesaid facts and circumstances, I am of the view that the impugned order passed by the Trial Court granting leave in favour of respondent No.1-Trust by treating the suit having been filed under Section 92 CPC deserves to be set aside and necessary directions are to be given to the Trial Court to entertain and adjudicate upon both the suits in O.S.Nos.2071/2022 and 25645/2022 in accordance with law by leaving open all contentions.
Arguments
2. SRI CHANDRU M AGED ABOUT 29 YEARS, S/O MUNIHANUMAIH NO 51, NAVARATHNA AGHAHAR, SADARAHALLI, BANGALORE CITY- 571 005. …RESPONDENTS (BY SRI.THEJESH P, HCGP FOR R1, SRI. P.M.NARAYANASWAMY,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIA PRAYING TO QUASH THE FIRST CONSTITUTION OF INFORMATION REPORT AND ALL PROCEEDINGS IN CRIME NO.0192/2020 BEFORE THE HONBLE COURT OF THE ADDITIONAL CITY COURT COMPLEX (CCH 71), BANGALORE CITY FOR THE OFFENCES U/S 3(1)(r), 3(1)(s) OF THE SC/ST (PREVENTION OF ATROCITIES) ACT, 1989, R/W SEC.341, 324, 504, 506 AND 34 OF INDIAN PENAL CODE REGISTERED BY YELAHANKA POLICE, BANGALORE CITY AS AGAINST THE PETITIONERS I.E., ANNEXURE-A AND ETC., IN CRL.P NO. 10410 OF 2024 BETWEEN: 1. SRI. CHANDRU. M S/O MUNIHANUMAIAH AGED ABOUT 29 YEARS RESDING AT NO. 51 NAVARTHNA AGRAHARA SADAHALLI, BANGALORE NORTH TALUK BANGALORE. 2. SRI. HARSHA CHANDRASHEKHARAIAH, S/O CHANDRASHEKARIAH V AGED ABOUT 38 YEARS, RESIDING AT NO. 23, 2ND MIAN ROAD, GANGANAGAR EXTENSION, BANGALORE -560 032. - 3 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 3. SRI. SRINIVAS G PATEL, S/O LATE GOVINDARAJU M R, AGED ABOUT 54 YEARS, RESIDING AT NO.7, SREE NILAYA, 2ND CROSS, MARAPPA THOTA, J C NAGAR, BANGALORE -560 006. 4. SRI. GANESH S/O KRISHNAPPA AGED ABOUT 27 YEARS 5. SMT. KANTHAMMA W/O KRISHNAPPA AGED ABOUT 45 YEARS THE PETITIONERS NO.4 AND 5 ARE RESIDING AT SRI SHANTHANANDA VINAYAKA DEVASTANA, NEAR R M Z GALARIA, OPP. TO YELAHANKA POLICE STATION, YELAHANKA TALUK, BANGALORE- 560 064. ...PETITIONERS 6. SRI KRISHNAPPA S/O PILLAPPA AGED ABOUT 48 YEARS RESIDING AT SHANKAR ASHRAMA NEAR R M Z GALARIA, LBS NAGAR, YELAHANKA BANGALORE. (BY SRI. NARAYANASWAMY P M.,ADVOCATE) AND: 1. THE STATE BY YELAHANKA POLICE, YELAHANKA SUB DIVISION, BANGALORE CITY. 2. SMT. A S GAYATHRI DEVI, W/O S K SHARATH UDUPA, AGED ABOUT 33 YEARS 3. SRI. S.K.SHARATH UDUPA S/O KRISHNA AGED ABOUT 35 YEARS - 4 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 RESPONDENTS NO.2 & 3 ARE RESIDING AT NO. 115 SRI. SHANTHANANDA VINAYAKA DEVASTANA, NEAR R M Z GALARIA, OPP. TO YELAHANKA POLICE STATION. YELAHANKA TALUK. BANGALORE -560 064. ...RESPONDENTS (BY SRI.THEJESH P.,HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.0193/2020 ON THE ALLEGED OFFENCE P/U/S 341, 324, 504, 506, 354(B), 149 OF IPC, REGISTERED BY THE 1ST RESPONDENT POLICE I.E., ANNEXURE-A AND ETC., IN WP NO. 2581 OF 2024 BETWEEN: 1. MRS. GAYATHRI DEVI. M. S. W/O SHARATH UDUPA AGED ABOUT 35 YEARS, SHANTANANDA VINAYAKA TEMPLE NEAR RMZ GALARIA, OPP TO YELAHANKA POLICE STATION, YELAHANKA, BANGALORE - 560 064. 2. MR. SHARATH UDUPA S/O KRISHNA UDUPA AGED ABOUT 35 YEARS, SHANTANANDA VINAYAKA TEMPLE NEAR RMZ GALARIA, OPP TO YELAHANKA POLICE STATION, YELAHANKA, BANGALORE -560 064. 3. MRS. BHAGYALAKSHMI, W/O RAVIKIRAN AGED ABOUT 40 YEARS, RESIDING AT NO 02, 1ST FLOOR, 2ND CROSS, NEAR PURPLE GARDEN APARTMENT, VENKATESHWARA NAGAR, JAKKUR, BENGALURU -560 064. - 5 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 ...PETITIONERS 4. MR. RAVIKIRAN AGED ABOUT 45 YEARS, S/O SRIDHAR, R/AT NO.02, 1ST FLOOR, 2ND CROSS, NEAR PURPLE GARDEN APARTMENT, VENKATESHWARA NAGAR, JAKKUR, BENGALURU -560 064. (BY SRI. UNNIKRISHNAN M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY YELAHANKA POLICE STATION, YELAHANKA, BANGALORE -560 064 REPRESENTED BY ITS STATION HOUSE OFFICER. 2. SRI HARSHA CHANDRASHEKHARAIAH AGED ABOUT 38 YEARS, SON OF CHANDRASHEKHARAIAH, NO 23, 2ND MAIN ROAD, GANGANAGAR EXTENSION, BANGALORE CITY - 560 032 ...RESPONDENTS (BY SRI.THEJESH P, HCGP FOR R1, SRI. P.M.NARAYANASWAMY, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIRST INFORMATION REPORT AND ALL PROCEEDINGS IN CRIME NO.0157/2020 DTD 29.09.2020 BEFORE THE HONBLE COURT OF THE 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, NRUPATUNGA ROAD, BANGALORE, FOR THE OFFENCES U/S 447, 143, 147, 504, 506 AND 149 OF INDIAN PENAL CODE REGISTERED BY YELAHANKA POLICE, BANGALORE CITY AS AGAINST THE PETITIONERS I.E, ANNEXURE-A AND ETC., - 6 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 IN W.P.NO.33587/2024 BETWEEN: 1. 2. SRI HARSHA CHANDRASHEKHARAIAH, S/O.CHANDRASHEKHARAIAH V AGED ABOUT 42 YEARS, RESIDING AT NO.23, 2ND MAIN ROAD, GANGANAGAR EXTENSION, BANGALORE-560 032. SRI. T.L.SHANKARAPPA AGE ABOUT 46 YEARS S/O.LATE LAKSHMINARAYANAPPA, TARABANAHALLI CHIKKAJALA POST BANGALORE NORTH-562 157. (BY SRI. NARAYANASWAMY P M.,ADVOCATE) AND: 1. 2. THE STATE BY YELAHANKA POLICE, YELAHANKA SUB DIVISION, BANGALORE CITY- 560 064. SMT.KASTURI W/O. LATE SHANKAR DIXITH AGED ABOUT 67 YEARS RESIDING AT NO.115 SRI.SHANTHANANDA VINAYAKA DEVASTANA, NEAR R.M.Z GALARIA, OPP.TO YELAHANKA POLICE STATION, YELAHANKA TALUK, BANGALORE-560 064. …PETITIONERS …RESPONDENTS (BY SRI.THEJESH P.,HCGP FOR R1,) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO. 0155/2020 OF YELAHANKA POLICE STATION, ON THE FILE OF THE 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN CC NO. 15911/2020 AND SET ASIDE THE ORDER OF TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER - 7 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 SECTION 427, 504, 506 R/W SECTION 34 OF INDIAN PENAL CODE AND ISSUANCE OF PROCESS AGAINST THE PETITIONER ANNX-A AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR IN W.P.NO.2582/2024: ORAL ORDER In this petition, the petitioner seeks the following reliefs: the Hon'ble Court of (i) To quash the First Information Report and all proceedings in Crime No.0192/2020 before the Additional City Court Complex (CCH 71) Bangalore City for the SC/ST the offences under Sec.3(1)(r), 3(1)(s) of (Prevention of Atrocities) Act, 1989, read with Section 341, 324, 504, 506 and 34 of Indian Penal Code registered by Yelhanka Police, Bangalore City as against the petitioners i.e., Annexure-A. (ii) To quash the charge sheet in Spl.CC No.285/2021 (Charge sheet date 06.02.2021) filed before the Hon'ble Court of the Additional City Court Complex (CCH 71) Bangalore City for the offences under Sec.3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989, read with Section 341, 324, 504, 506 and 34 of Indian Penal Code registered by Yelhanka Police, Bangalore City as against the petitioners i.e., Annexure-C. IN CRL.P.NO.10410/2024: In this petition, the petitioner seeks the following reliefs: (i) To quash the entire proceedings in C.C.No.9566/2021 on the alleged offences punishable under Sections 341, 324, 504, 506, 354(B), 149 of I.P.C. registered in Crime No.0193/2020 by the 1st respondent Yelahanka Police i.e., Annexure-A on the file of VII ACMM, Bangalore. - 8 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 IN W.P.NO.2581/2024: In this petition, the petitioner seeks the following reliefs: (i) To issue a Writ of Certiorari and to quash the First Information Report and all proceedings in Crime No.0157/2020 (dated: 29.09.2020) before the Hon'ble Court the 37th Additional Chief Metropolitan Magistrate, of Nrupatunga Road, Bengaluru for the offences under Sec. 447, 143, 147, 504, 506 and 149 of Indian Penal Code registered by Yelahanka Police, Bangalore City as against the petitioners i.e., Annexure-A. (ii) To issue a writ of certiorari and quash the charge sheet in C.C.No.15904/2020 (Charge sheet date 16.10.2020) filed before the Hon'ble Court of the 37th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bangalore, for the offences under Sec.504 & 506 read with Sec.34 of Indian Penal Code registered by Yelhanka Police, Bangalore City as against the petitioners i.e., Annexure-C. IN W.P.NO.33587/2024: In this petition, the petitioner seeks the following reliefs: (i) Quash the First Information Report in Crime No.0155/2020 of Yelahanka Police Station, on the file of 37th Addl. Chief Metropolitan Magistrate at Bengaluru in CC.No.1591/2020 and set aside the order of taking cognizance for the offences punishable under Section 427, 504, 506 r/w Section 34 of Indian Penal Code and issuance of process against the Petitioner Annexure-A (ii) To quash the entire proceedings (Charge sheet) against the petitioners in CC.No.1591/2020 (which is arises in Crime No.0155/2020) pending on the file of the 37th Addl. Chief Metropolitan Magistrate at Bengaluru the offences punishable under Section 427 504, 506 r/w Section 34 of India Penal Code Annexure-C.. for 2. Heard the learned counsel for the parties and perused the material on record. - 9 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 3. A perusal of the material on record would indicate that the dispute between the parties is essentially predominantly and overwhelmingly of a civil nature/character and was the subject matter of W.P.No.1671/2024, which came up before this Court and disposed of vide final order dated 31.05.2024, which reads as under: "This petition by the respondents in Mis.No.655/2020 on the file of the Principal City Civil Judge, Bengaluru (for short “the Trial Court”) is directed against the impugned order dated 11.03.2022 whereby the said petition filed by respondent No.1-Trust under Section 92 CPC seeking leave/permission to institute a suit was allowed by the Trial Court. 2. Heard learned counsel for the petitioner, learned counsel for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.1 claiming to be a Public Charitable Trust, instituted a suit seeking various reliefs. In the said suit, the petitioners entered appearance and contested the petition, pursuant to which, the Trial Court proceeded to pass the impugned order granting leave in favour of respondent No.1-Trust to institute a suit. Aggrieved by the impugned order granting leave in favour of respondent No.1, the petitioners are before this Court by way of the present petition. - 10 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 4. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the proposed plaint in the suit in order to point out that the reliefs sought for therein are beyond the scope and ambit of Section 92 CPC and consequently, the Trial Court committed an error in permitting/granting leave in favour of respondent No.1-Trust to institute a suit. It is therefore submitted that the impugned order passed by the Trial Court deserves to be set aside. 5. Per contra, learned Senior counsel for respondent No.1-Trust in addition to supporting the impugned order has also contended that even assuming that the suit under Section 92 of CPC was not maintainable, it is open for the Trial Court as well as this Court to treat the suit having filed under Section 26 r/w. Order VII Rule 1 CPC and direct the Trial Court decide the suit, which has already been registered as O.S.No.2071/2022 as a regular suit and for
Decision
8. In the result, I pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The impugned order dated 11.03.2022 passed in Mis.Pet.No.655/2020 by the Principal City Civil and Sessions Judge, Bengaluru, is hereby set aside. The Trial Court iii. to O.S.Nos.2071/2022 and 25645/2022 is directed treat both filed by - 13 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 respondent No.1 against the petitioner as regular suits under Section 26 r/w. Order VII Rule 1 CPC and proceed further in accordance with law. is directed The Trial Court iv. to withdraw O.S.No.25645/2022 from the file of the 75th Additional City Civil and Sessions Judge, Bengaluru, Mayo Hall unit, and transfer the same to the Court of the Principal City Civil and Sessions Judge, Bengaluru to be consolidated, clubbed, tried and disposed of together along with O.S.No.2071/2022 in accordance with law. v. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same." 4. As is clear from the aforesaid order passed by this Court, the dispute between the parties is pending before the Civil Court and consequently, the question of continuation of aforesaid proceedings against both parties does not arise in the facts and circumstances of the instant cases, which deserves to be quashed. 5. Accordingly, I pass following order. O R D E R (i) W.P.No.2582/2024, Crl.P.No.10410/2024, W.P.No.2581/2024 and W.P.No.33587/2024 are allowed. (ii) The impugned proceedings in Crime No.0192/2020 pending on the file of Additional - 14 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 City Court Complex (CCH 71) Bangalore City for the offences under Sec.3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989, read with Section 341, 324, 504, 506 and 34 of Indian Penal Code registered by Yelhanka Police, Bangalore City stand quashed qua insofar as the petitioners are concerned; (iii) The impugned proceedings in C.C.No.9566/2021 pending on the file of VII Addl.Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 341, 324, 504, 506, 354(B), 149 of in Crime No.0193/2020 by the 1st respondent Yelahanka registered I.P.C. Police stand quashed qua insofar as the petitioners are concerned. (iv) The impugned proceedings in Crime No.0157/2020 (dated: 29.09.2020) on the file of 37th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru for the offences under Sec. 447, 143, 147, 504, 506 and 149 of Indian Penal Code registered by Yelahanka Police, Bangalore City stand quashed qua insofar as the petitioners are concerned. (v) The impugned proceedings in C.C.No.1591/2020, file of 37th Addl.Chief Metropolitan the on - 15 - NC: 2025:KHC:3762 WP No. 2582 of 2024 c/w CRL.P No. 10410 of 2024 WP No. 2581 of 2024 & WP No.33587 of 2024 Magistrate, Bengaluru for the offences punishable under Sections 427, 504, 506 r/w Section 34 of I.P.C. registered in Crime No.0155/2020 stand quashed qua insofar as the petitioners are concerned. Sd/- (S.R.KRISHNA KUMAR) JUDGE RR List No.: 1 Sl No.: 30