1

IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

WRIT PETITION NO: __________ /2025

BETWEEN:

SRI.HIRJI NARAYAN PATEL

AND OTHERS …PETITIONERS

AND:

THE STATE OF KARNATAKA

BY MAHADEVPURA POLICE
STATION
AND ANOTHER …RESPONDENTS

SYNOPSIS

The Respondent No.2 registers

Crime.No.113/2025 for the offences
17-02-2025 punishable under Section 126(2), 132, 221,
3(5), 351(2), 352 of The Bharatiya Nyaya
Sanhita 2023
The Petitioner were granted bail in
06-03-2025 Crl.Misc.No.25174/2025 by the Hon’ble
XXVI Addl City Civil and Sessions Judge
(CCH-20),at Mayohall, Bengaluru.

BRIEF FACTS
The Complainant Sri.Mayank Istwal, Sub Inspector, Kalyan Puri Police
Station, East Delhi has registered a Complaint in Mahadevpura Police
Station alleging that, Proprietor of M/s Balaji Paper and Stationary Mart
Sri.Vikas Narula had registered a case in FIR.No.85/2021 under section
420, 406, 120B of Indian Penal Code against owners of Benir E Store,
that is Hirji Narayan Patel. During the course of investigation sections
under 467, 468, 471, 192, 201, 409 of Indian Penal Code were also
implicated into the present case, it is stated that, in the meantime, the
Accused persons had approached the Hon’ble High Court of Delhi
seeking aniticipatory bail which is granted and also seeking quash and
the Complainant had approached the Hon’ble court seeking
cancellation of bail, during the hearing the Hon’ble court through its
orders dated 15-10-2024 directed that, “ the investigating officer is at
liberty to access such computers and to make copy of the data for
 2

forensic examination as he may want” , the Complainant alleges that,

in compliance of the directions passed by the Hon’ble High court of
Delhi, he had clarifications were sought from FSL, to arrange a crime
team to visit the spot for necessary assistance and thereafter on their
suggestion, in order to carry out investigation the Complainant along
with the IO SI Maya Shankar reached Mahadevpura Police station,
Bengaluru and sought for police assistance to collect the evidences in
the present case at Benier Pvt Ltd at ITPL Road, Bengaluru. Thereafter
on 27-09-2024, the Complainant along with IO SI Maya Shankar, Local
Police and Female Staff accompanied by the De facto Complainant in
FIR.No.85/2021 and his brother Tarun Gupta to identify the second
office of the Accused Hirji Narayan Patel reached Benir Pvt Ltd to seize
the alleged Computers/Laptops containing true copy of the forged
documents data. The Co accused Hemanshu Naik with his employees
was present who joined investigation, when he was asked to provide
the numbers of the Computers present in the office containing the
alleged data, he had told them 40-45 computers/laptops are present in
the office right now, further the Complainant states that, the Accused
person was given an opportunity to retriev/take out data of their use as
the hard disk of the Computers and laptops were required to be seized
for further investigation at FSL, Delhi.
It is alleged that, Hirji Narayan Patel had reached the office and caught
hold of Tarun Gupta ( Brother of Complainant in FIR.No.85/2021) and
started to argue with him, it is alleged that, when IO Maya Shankar
tried to pacify the argument, it is alleged that, he had abused the
Police staff on duty and misbehaving with them, it is alleged that, after
repeated requests also both the accused Hirji Patel and Hemanshu
Kishore Nail did not cooperate in the investigation, however accused
sought 1 day time to copy the data and provide hard disk as well as
Laptop for FSL Examination. Hence, they had served a notice upon
them to provide alleged Computer/Laptops.

It is further alleged that, on 28-09-2024 at around 16.38 ( 4.38pm),

when the IO with local police reached the office of the Accused persons
for seizing the property, Hirji Narayan Patel along with his counsel and
many other employees were present there, upon reaching the counsel
for the accused person had started to question the IO and gave reply
to notice dated 27-09-2024, it is alleged even though he was shown
 3

the Documents eh had stopped the investigation process. It is alleged

that, even after the Complainant had provided all the required
documents the Advocate and Accused did not co operate for
investigation, it was found that accused deliberately made many
computers and laptops to disappear from his office and Accused Vipul
Patel and Himanshu Kishore Naik also disappeared from the office with
laptops and the IO has recorded the same on his phone.

It is alleged that, when the IO Continued to carry out investigation,

accused Hirji Narayan Patel and his employee Hiren Sonvane along
with other employee present there intentionally locked the main door
of the crime scene premises, knowing that the investigation officer
with local staff are inside the office for seizure of case property and
again started creating chaos, it is alleged that, after locking the gate,
employees of Hirji Patel had surrounded the IO and started to record
video from their mobiles, they were talking in Kannada language and
made environment tense and spoilt the atmosphere and alleged
dispite repeated directions from IO Hirji and his employees did not co
operate in the investigation and they flatly refused to give hard disks
of the computers. It is alleged that, the IO had directed local Police to
make a PCR Call and efforts made out by the IO to collect the case
property went in vain. Alleging this the Complainant has registered a
Complaint with the Mahadevpura Police station, which came to be
registered in Crime.No.113/2025 for the offences punishable under
section Section 126(2), 132, 221, 3(5), 351(2), 352 of The Bharatiya
Nyaya Sanhita 2023. Even though there is no allegation of Assault or
Criminal Force used by the Petitioner, the Respondent No.1 has
registered this Crime against the Petitioners. Hence this appeal.

BENGALURU
DATE:02-04-2025 ADVOCATE FOR
PETITIONERS
(HARISH
PRABHU.S)
 4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(ORIGINAL JURISDICATION)
WRIT PETITION No. OF 2025

RANK OF THE PARTIES

Trial Court/High Court
BETWEEN:

1. SRI.HIRJI NARAYAN PATEL

C/O NARAYAN
AGED ABOUT 50 YEARS
R/A, FLAT NO.1403 B
ZENITH RESIDENCES
OPP TO LUMBINI GARDEN,
NAGAWARA VILLAGE,
ARABIC COLLEGE PO,
BENGALURU 560 045 …ACCUSED NO.1/PETITIONER
NO.1
2. SRI.HIMANSHU KISHORE NAIK
C/O KISHORE NAIK,
AGED ABOUT 51 YEARS
R/A, A 1103, AISHWARYA EXCELLENCY,
OLD MADRAS ROAD,
OPP TIN FACTORY,
VIJINAPURA/DOORVANINAGAR,
CHOWDESHWARI NAGAR,
BENGALURU 560 016 …ACCUSED NO.2/PETITIONER
NO.2

3. SRI.SONVANE HIREN
S/O RAJESH KUMAR,
AGED ABOUT 35 YEARS,
CURRENTLY RESIDING AT,
NO.1403 B ZENITH RESIDENCES,
 5

NAGAWARA VILLAGE,
BENGALURU 560 045

NATIVE OF
NO.29, JHULELAL COLONY,
NEW AIRPORT ROAD,
SARDARNAGAR,
GUJARAT 382 475 …ACCUSED NO.3/PETITIONER
NO.3

AND:

1. THE STATE OF KARNATAKA

BY MAHADEVAPURA STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
AMBEDKAR BEEDI,
BENGALURU -560 001 ….COMPLAINANT/RESPONDENT
NO.1

2.SRI.MAYANK ISTWAL
S/O NAND KISHOR
AGED MAJOR,
SUB INSPECTOR OF POLICE,
KALYANPURI POLICE STATION,
EAST DELHI 110 091 ..DE-FACTO
COMPLAINANT/RESPONDENT NO.2

MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA AND READ WITH SECTION 528
OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA 2023
The Petitioners beg to submit as follows:

1. That for the issue of service of notices, summons, etc. from this
Hon’ble Court the address of the party is as shown in the cause
title above. The additional address of the petition is care of his
counsel Mr. Harish Prabhu.S, Advocate, No.25, 2nd Floor, 40 Feet
Road, SVG Nagar, Mudalapalya, Bengaluru 560 079.

2. The address of the respondents for the aforesaid purposes are as

shown in the cause title above.

3. The petitioners in this petition are seeking to quash the FIR and
proceedings in Crime.No.113/2025 for the offenses punishable
under Section 126(2), 132, 221, 3(5), 351(2), 352 of The
Bharatiya Nyaya Sanhita 2023, which is pending before the
 6

Hon’ble XXIXth Addl Chief Judicial Magistrate, Mayohall,

Bengaluru City.

FACTS OF THE CASE:

4. The brief facts of the case is that on 17-02-2025, the

Complainant Sri.Mayank Istwal, Sub Inspector, Kalyan Puri Police
Station, East Delhi has registered a Complaint in Mahadevpura
Police Station alleging that, Proprietor of M/s Balaji Paper and
Stationary Mart Sri.Vikas Narula had registered a case in
FIR.No.85/2021 under section 420, 406, 120B of Indian Penal
Code against owners of Benir E Store, that is Hirji Narayan Patel.
During the course of investigation sections under 467, 468, 471,
192, 201, 409 of Indian Penal Code were also implicated into the
present case, it is stated that, in the meantime, the Accused
persons had approached the Hon’ble High Court of Delhi seeking
aniticipatory bail which is granted and also seeking quash and
the Complainant had approached the Hon’ble court seeking
cancellation of bail, during the hearing the Hon’ble court through
its orders dated 15-10-2024 directed that, “ the investigating
officer is at liberty to access such computers and to make copy of
the data for forensic examination as he may want” , the
Complainant alleges that, in compliance of the directions passed
by the Hon’ble High court of Delhi, he had clarifications were
sought from FSL, to arrange a crime team to visit the spot for
necessary assistance and thereafter on their suggestion, in order
to carry out investigation the Complainant along with the IO SI
Maya Shankar reached Mahadevpura Police station, Bengaluru
and sought for police assistance to collect the evidences in the
present case at Benier Pvt Ltd at ITPL Road, Bengaluru.
Thereafter on 27-09-2024, the Complainant along with IO SI Maya
Shankar, Local Police and Female Staff accompanied by the De
facto Complainant in FIR.No.85/2021 and his brother Tarun Gupta
to identify the second office of the Accused Hirji Narayan Patel
reached Benir Pvt Ltd to seize the alleged Computers/Laptops
containing true copy of the forged documents data. The Co
accused Hemanshu Naik with his employees was present who
joined investigation, when he was asked to provide the numbers
of the Computers present in the office containing the alleged
 7

data, he had told them 40-45 computers/laptops are present in

the office right now, further the Complainant states that, the
Accused person was given an opportunity to retriev/take out data
of their use as the hard disk of the Computers and laptops were
required to be seized for further investigation at FSL, Delhi.
It is alleged that, Hirji Narayan Patel had reached the office and
caught hold of Tarun Gupta ( Brother of Complainant in
FIR.No.85/2021) and started to argue with him, it is alleged that,
when IO Maya Shankar tried to pacify the argument, it is alleged
that, he had abused the Police staff on duty and misbehaving
with them, it is alleged that, after repeated requests also both
the accused Hirji Patel and Hemanshu Kishore Nail did not co
operate in the investigation, however accused sought 1 day time
to copy the data and provide hard disk as well as Laptop for FSL
Examination. Hence they had served a notice upon them to
provide alleged Computer/Laptops.

It is further alleged that, on 28-09-2024 at around 16.38

( 4.38pm), when the IO with local police reached the office of the
Accused persons for seizing the property, Hirji Narayan Patel
along with his counsel and many other employees were present
there, upon reaching the counsel for the accused person had
started to question the IO and gave reply to notice dated 27-09-
2024, it is alleged even though he was shown the Documents eh
had stopped the investigation process. It is alleged that, even
after the Complainant had provided all the required documents
the Advocate and Accused did not co operate for investigation, it
was found that accused deliberately made many computers and
laptops to disappear from his office and Accused Vipul Patel and
Himanshu Kishore Naik also disappeared from the office with
laptops and the IO has recorded the same on his phone.

It is alleged that, when the IO Continued to carry out

investigation, accused Hirji Narayan Patel and his employee Hiren
Sonvane along with other employee present there intentionally
locked the main door of the crime scene premises, knowing that
the investigation officer with local staff are inside the office for
seizure of case property and again started creating chaos, it is
 8

alleged that, after locking the gate, employees of Hirji Patel had
surrounded the IO and started to record video from their mobiles,
they were talking in Kannada language and made environment
tense and spoilt the atmosphere and alleged dispite repeated
directions from IO Hirji and his employees did not co operate in
the investigation and they flatly refused to give hard disks of the
computers. It is alleged that, the IO had directed local Police to
make a PCR Call and efforts made out by the IO to collect the
case property went in vain. Alleging this the Complainant has
registered a Complaint with the Mahadevpura Police station,
which came to be registered in Crime.No.113/2025 for the
offences punishable under section Section 126(2), 132, 221, 3(5),
351(2), 352 of The Bharatiya Nyaya Sanhita 2023. The Copy of
the FIR and Complaint is herewith produced as ANNEXURE-A
and ANNEXURE-B

5. The Petitioner No.1,2 and 3 thereafter approached the Hon’ble

Session court under section 482 of the Bharatiya Nagarika
Suraksha Sanhita in Crl.Misc.No.25174/2025 and thereafter the
Hon’ble Prl City Civil Session Judge(CCH-20) at Mayohall,
Bengaluru was pleased to grant bail to the Petitioners through its
orders dated 06-03-2025.

6. The Petitioner No.1 is the owner of Benir E Stores Pvt Ltd, with
main office at Maruti Industrial Estate, Next to Zuri Hotel, ITPL
Main Road, Bengaluru and branch offices at Mumbai, Delhi and
other parts of India having more than 500 employees, the
Petitioner No.2 is one of the director of the company and the
Petitioner No.3 is the manager of the Benir E Stores Bengaluru
Branch.

7. It is submitted that, a dispute arouse between M/s Balaji Paper

and Stationary Mart owned by Sri.Vikas Narula and Benir E Store
namely Hirji Narayan Patel over the payment of defective masks
supplied by M/s Balaji Paper and Stationary Mart to Benir E store,
even though it was a dispute of civil nature, the owners of M/s
Balaji Paper and stationary mart had invoked the criminal law due
to which FIR.No.85/2021 came to be registered in Krishna Puri
 9

Police station registered for offences punishable under section

420, 406, 120B, 467, 468, 471, 192, 201, 409 of Indian Penal
Code. The Petitioner No.1 and 2 are on bail in the said case
registered against them.

8. The Petitioners submit that, M/s Balaji Paper and Stationary Mart
and Benir E Stores had thereafter resolved the matter in
mediation process and the Petitioners had also paid an amount of
Rs.35,00,000/- to M/s Balaji Paper and Stationary Mart and as per
the mediation agreement, Vikas Narula the owner of M/s Balaji
Paper and Stationary Mart was to co ordinate with the Petitioners
to get the case in FIR.No.85/2021 quashed before Hon’ble High
court of Delhi. The Copy of the Mediation Report of Delhi
Mediation Centre, Karkardooma Courts, dated 24-08-2022 is
produced as ANNEXURE-C.

9. It is submitted that, even after receiving the said amount, since

there arose some misunderstanding between the Petitioner No.1
herein and Vikas Narula the owner of M/s Balaji Paper and
Stationary Mart Ltd, the same was not quashed and thereafter
while they preferred to continue with the investigation of the
case.

10. During one such hearing in Bail Application No.3734/2023,

the Kalyanpuri Police had submitted that, the Petitioners are
refusing to deliver Computer required for the FSL to verify the
digital exhibits and examine if there has been any tampering with
the data, as a reply to their submission the Advocate appearing
in behalf of the Petitioners had clearly submitted that, ‘ the
Petitioners business is an ongoing venture; that the
investigating officer has visited their various premises in
Delhi and Mumbai, but has not taken copies of any hard-
disks nor has he seized any computers, except one laptop
from the Mumbai Premises. It is submitted that the
Petitioners use a large number of computers across cities
and it is physically impossible for the Petitioners to
deliver up all their computers to the investigating officer
for forensic examination’ thereafter he assured the
 10

Hon’ble High court of Delhi that the Petitioners would

grant the investigating officer access to their computers
systems across locations as and when required. The
statement of the counsel was taken on record by the Hon’ble
court and an order was passed that ‘ The investigating officer
is at liberty to access such computers and make copies of
the data for forensic examination, as he may want ’.

11. It is most humbly submitted that, the submission made by

the Counsel Sri.Pulkith Dandona was in the context that, it is
difficult to provide physical possession of all the computers and
they were ready to co operate with the Investigating officer to
provide them with access and make copies of the Data for
forensic examination. The Copy of the Orders dated 11-07-2024
in Bail Application No.3734/2023 is produced as ANNEXURE-D.

12. It is submitted that, the order dated 11-07-2024 of the

Hon’ble High court was on the very submission made by the
counsel for petitioner and through the orders, the Hon’ble High
court granted liberty to the Investigating officer to :
a. Access such computers
b. Make copies of the data for forensic examination, as he
may want.

The interpretation of the order dated 11-07-2024 is the genesis

of the
present case registered in Crime.No.113/2025 of the
Mahadevpura Police.

13. The Petitioners most respectfully submit that, on 27-09-

2024 the Respondent No.2 in the present case neither issued any
prior intimation or a notice to the Petitioners and had suddenly
been to the office of Benir E Store in ITPL, they were
accompanied by staff of the Respondent No.1 and they had been
to office of Benir E Stores without any person from IT or FSL to
access and make copies of computers and moreover they had
taken the De facto Complainant in FIR.No.85/2021 Mr.Vikas
Narula and his brother Tarun Gupta, wherein Mr.Tarun Gupta
 11

started to record videos of the employees, due to which the few

female employees of the Petitioners were uncomfortable and
when they requested him to stop recording them, he had abused
them Hindi, due to which the atmosphere had turned bit tensed.

14. Further it is submitted that, the Petitioner No.1 had been

the office once he was intimated about the Respondent No.2
visiting the place for investigation also provided access to the
computers and laptops, again when the Investigating officer of
Kalyan Puri Police station, Delhi, Sri.Maya Shankar expressed his
desire to take the physical possession of the computers and
laptops, the Petitioner No.1 had interpreted the order dated 11-
07-2024 as explained from his advocate representing him before
the Delhi court.

15. It is humbly submitted that, the Petitioner No.1 had

explained the very submission made before the Hon’ble High
court of Delhi was that it was practically impossible to provide
physical delivery of computers as the business of the Petitioner in
Benir E Store was an ongoing venture and according to us, we
have to provide access to the computers and the Investigating
officer had to make copies of the Data required by him for
examination by FSL and moreover they were not accompanied by
any person who expertise in computers to make copies of the
same. Thereafter the Investigating officer, Sri.Mayashankar, who
was accompanied by the Respondent No.2 had issued a notice
upon the Petitioner No.1 at 8pm on 27-09-2024 directing them to
copy all the data for their requirement and provide the hard disk
and original copy of all Computers on 28-09-2024 and the same
was practically impossible as to copy the entire data required for
business of Benir E Stores would require at least 5 to 6 days. The
Copy of the Notice dated 27-09-2025 is herewith produced as
ANNEXURE-E.

16. It is submitted that, since the Computers and Laptops in

the office of Benir E Store contains several data which are not
related to the case in FIR.No.85/2021 and also entire data of the
business affairs of the Company, such as Proprietary Data, Non-
 12

Disclosure Agreements, Client List, Work Tenders, Budgeting,

salaries, statements software’s, licenses product keys, which
would completely halt the work process of Benir E Store, the
same was explained to the Respondent No.2 and the IO
Sri.Mayashankar, the Petitioners pleaded that, if they preferred to
take the physical possession of the Computer and laptops, they
would incur losses worth crores and it would end up in multiple
litigations against the company and would paralyses the business
operations, the IO Sri.Mayashankar was not inclined with the
request of the Petitioner No.1, as he is hand in glove with Vikas
Narula who is harassing the Petitioner No.1 to heed to his
demands.

17. The Petitioner No.1,2 and 3 humbly submitted that, the

Petitioner No.1 and 2 on the next day had called upon their
Advocate Sri.Pulkit Dandona, who represents them before the
Hon’ble High court of Delhi and he was also present when the
Respondent No.2, along with the Investigating officer
Sri.Mayashankar had been to the alleged place of incident on 28-
09-2024, they were accompanied by officers of Respondent No.1,
the Advocate had tried to explain the order dated 11-07-2024 of
Delhi High court, which according to him was to access such
computer and required him to make only copies of the Data
and not physical possession, but the Investigation officer who was
under the influence of Vikas Narula of M/s Balaji Mart was not in
agreement with the Advocate and interpreted the same order in a
different manner and the Advocate then directed the Petitioner
No.1 to give a reply notice to the notice of the IO Sri.Mayashankar
Dated 27-09-2024, thereafter since several people had gathered
there to see so many police in the office space, only with a sole
intention of preventing from getting defamed in and around the
office space in the Industrial Estate, the Petitioners had sought
for permission of the Respondent No.1 that is the Mahadevpura
Police officials who were present at the place of incident, they
had then closed the door of the office and within a minute of
closing the door, since the Investigating officer directed to open
the door of the office, the same was opened within a span of 2
minutes, there was no malafide intention of confining any person
 13

inside the office, the officers of the Respondent No.1 were also
inside the office at that time, further the Petitioner No.1 and 2
had co operated with the Respondent No.2, after accessing the
Computers and Laptops for a while, the Investigating officer
realised that, atleast 10 computer experts were required to
access, copy and even to take physical possession of the
computers, they had sat there for atleast 3 hours, tried to resolve
the financial dispute which arose between M/s Balaji Mart and
Stationary Ltd and Benir E Stores, the Petitioner No.1 had
arranged food for the them, thereafter the Advocate representing
the Petitioners and the Respondent No.2 had mutually agreed
that they would take clarification on the order dated 11-07-2024
on the next date of hearing before the Hon’ble High court of
Delhi, thereafter they had left the place along with the local
police of Respondent No.1, all the same is been covered by the
CCTvs of the Benir E Stores. The Copy of the Reply Notice dated
28-09-2024 is produced as ANNEXURE-F.

18. The Petitioner No.1 who was not happy with the behaviour
of the Vikas Narula and Tarun Gupta, who had visited the office of
Benir E Store on 27-09-2024 and harassed the Petitioner’s
employees had registered a Complaint with the jurisdictional
police and Commissioner of Police Bengaluru on 01-10-2024 and
thereafter also has filed a private complaint against them in
PCR.No.51988/2025. The Copy of the Complaint to Commissioner
and the Private Complaint copy is produced as ANNEXURE-G.

19. It is submitted that, on 13-01-2025, the Bail Application

No.3734/2023 came before the Hon’ble High court of Delhi,
where the Investigating officer still insisted on physical
possession of the Computers and the Hon’ble court directed the
Respondent No.2 to go with a Technical expert to make copies of
the hard drives as required by the IO and also directed the
Petitioners to co operate without any hindrance, unnecessary
engagement or interaction, further on 20-01-2025, the
Investigating officer along with Respondent No.2 had been to the
office of Benir E Stores and had secured 23 Laptops through a
 14

Seizure Mahazer dated 20-01-2025 and the Petitioners have

wilfully abided by the orders of the Hon’ble High Court of Delhi.

20. Thereafter the Respondent No.2 after a period of almost 5

months has registered this false complaint with the Respondent
No.1. Hence, being aggrieved by the registration of FIR by the
Respondent No.1 Mahadevpura police, the petitioner is herewith
filing this petition on the following amongst other grounds.

21. The Petitioner remains with no other efficacious alternative

remedy in the matter.

22. The Petitioners have not filed any other Petition earlier and
presently no petition is pending before the Hon’ble Court/s on the
same cause of action. The Petitioner has not filed any other
Petition seeking similar relief in the mater before any other court
and no other Petition is filed in Crime.No.113/2025
GROUNDS

23. The Petitioners have not committed any offence alleged in

the complaint and the proceeding initiated by the respondent
No.1 on the basis of the false and frivolous complaint filed by the
respondent No.2 is nothing but abuse of process of law.

24. It is submitted that the registration of FIR against the

petitioner No.1,2 and 3 is a clear case of abuse of process of law
and the entire FIR registered is liable to be quashed as the
complaint filed does not provide for any offence under the law of
the land.

25. That the Petitioner submit that they have been falsely
implicated in the above case at the instance of the complainant
and other vested interests after a period of almost 5 months and
the after the Petitioner No.1 approached the court with a private
complaint against Vikas Narula and Tarun Gupta of M/s Balaji
Paper and Stationary Ltd.

26. It is submitted that, the Respondent No.1 along with

Investigating officer had been to Bengaluru on 20-01-2025 and
 15

had been to the office of the Petitioner No.1,2 and 3, along with
Police officials of Respondent No.1, even then he had not
registered any complaint against the Petitioners as he was well
aware that, the Petitioner No.1,2 and 3 had not committed any
offence, which clearly projects the malicious intent of registration
of this false FIR against the Petitioner No.1,2 and 3.

27. That the registration of the FIR is going to dent the

reputation of Benir E Store in the business circle and the same is
been used by the competators and also M/s Balaji Paper and
Stationary to fulfil their oblique motive.

28. It is submitted that even according to the Complaint dated

17-02-2025 did not wrongfully restrain any person to attract an
offence under section 126(2) of The Bharatiya Nyaya Sanhita nor
does the Complaint dated 17-02-2025 provide for any ingredients
required to constitute an offence under section 132 of The
Bharatiya Nyaya Sanhita, there is no allegation of assault or use
of criminal force and employees speaking in Kannada in
Karnataka cannot be termed as an offence.

29. The Petitioners have provided access to the required

computers on both days, they neither obstructed a Public servant
to constitute offence under section 221 of The Bharatiya Nyaya
Sanhita, they have not done any act amounting to criminal
intimidation nor was there any act of intentional insult with intent
to provoke breach of peace to attract offences punishable under
section 351(2) and 352 of The Bharatiya Nyaya Sanhita.

30. It is submitted that the Petitioner No.1,2, the Advocate

representing them in Delhi and the Respondent No.2, the
Investigating officer Sri.MayaShankar spent about 3 hours
together after having food in their office, discussing about the
possibilities of compromise between Benir E Store and M/s Balaji
Paper and Stationary which is covered in CCtv of the office, both
parties had mutually agreed that, they would take clarity about
the order dated 11-07-2024 on the next date of hearing.
 16

31. The Petitioners humbly submit that, at the alleged time of

incident both on 27-09-2024 and 28-09-2024, the Police of
Respondent No.1 Mahadevpura Police were also present with the
Respondent No.2, the fact that, no complaint was registered on
the day very clearly projects that, no such incident which could
constitute an offence had occurred.

32. It is humbly submitted that, the continuation of the process

of investigation would be a abuse of the process of law and the
Petitioner No.1,2 would be defamed in the business community
as they are implicated into this false case. Further the Petitioner
No.2 was not at all present on 28-09-2024.

33. It is submitted that viewed from any angle, it is clear that

the complaint is filed and pursued not with any bona-fide
intention of vindicating any legal right but only with a mala-fide
intention of harassing the petitioners. The averments in the
complaint do not disclose the commission of any offense by the
petitioner. The petitioners crave leave of this Hon’ble Court to
urge additional grounds if any at the time of hearing of the
Petition.

GROUNDS FOR INTERIM PRAYER

The allegations set out in the complaint dated 17-02-2025 given by the

Respondent No.2 in Crime No: 113/2025 does not constitute any offences as

alleged against the Petitioners and as such the launching of criminal

proceedings is totally an abuse of the process of law. The contents of the

F.I.R and complaint on the face of it, do not provide for launching of criminal

proceedings against the Petitioners keeping in mind the time count of the

facts of the case. The criminal proceedings against the Petitioners does not

survive, and is opposed to law and is in contravention of Article 14, 20 and

21 of the Constitution of India. The continuation of criminal proceedings any

further amounts to gross abuse of process of law and judicial machinery. The

Petitioners has got a very good case on merits. A clear prima facie case is

made out and hence it is just and necessary to stay the operation of the
 17

entire proceedings in Crime.No.113/2025 pending on the file of Hon’ble

XXIXth Addl Chief Metropolitan Magistrate, at Mayo hall Bengaluru, pending

disposal of the Main Petition. The Petitioners reserve liberty to raise such

other grounds as may be necessary at the time of consideration of the

interim prayer.

PRAYER

Wherefore it is prayed that this Hon'ble court may be pleased to;

i) Issue a writ in nature of certiorari or any other writ, order, or

direction to quash the FIR.No.113/2025 registered by
Respondent No.1 Mahadevpura Police against the Petitioner
No.1,2 and 3 for the offenses punishable under Section
126(2), 132, 221, 3(5), 351(2), 352 of The Bharatiya Nyaya
Sanhita 2023pending on the file of XXIXth Addl Chief
Metropolitan Magistrate At Mayohall, Bengaluru, registered by
the RespondentNo.1 on the basis of the complaint filed by the
Respondent No.2 Vide ANNEXURE-A and ANNEXURE-B.

ii) Issue any other appropriate writ, order or direction as deemed

fit to be granted in the facts and circumstances of the case
including direction for costs.

INTERIM PRAYER

Pending the disposal of main petition, it is most humbly prayed that this

Hon’ble Court be pleased to stay all further proceedings in

Crime.No.113/2025 arising of Mahadevpura P.S for the offences punishable

under Section 126(2), 132, 221, 3(5), 351(2), 352 of The Bharatiya

Nyaya Sanhita 2023pending on the file of XXIXth Addl Chief

Metropolitan Magistrate At Mayohall, Bengaluru , arraigning the present

Petitioners as Accused No.1,2 and 3. (Vide Annexure A and B)

Bengaluru,
 18

Date:02-04-2025 Advocate for Petitioner

(HARISH PRABHU.S)
ADDRESS FOR SERVICE
HARISH PRABHU.S
No.25, 2ND Floor,
40Feet Road, SVG Nagar
Mudalapalya,
Bengaluru 560 072
Ph: 9900626465
Email: harishprabhu00@gmail.com

BENGALURU
DATE: 02-04-2025 ADVOCATE FOR
PETITIONERS
(HARISH PRABHU.S)

IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

WRIT PETITION NO: __________ /2025

BETWEEN:

SRI.HIRJI NARAYAN PATEL

AND OTHERS …PETITIONERS

AND:

THE STATE OF KARNATAKA

BY MAHADEVPURA POLICE
STATION
AND ANOTHER …RESPONDENTS

VERIFYING AFFIDAVIT

I, SRI.HIRJI NARAYAN PATEL S/o NARAYAN, Aged about 50 years,

Residing at Flat No.1403 B Zenith Residences, Opposite to Lumbini
Garden, Nagawara Village, Arabic College, Bengaluru 560 045, do
hereby state on solemn affirmation as follows:
 19

1. I am the petitioner No.1 in the above petition and I am well

acquainted with the facts of the case. Hence, I am swearing to this

affidavit for myself and also on behalf of Petitioner No.2 and 3.

2. I swear that the contents of the accompanying petition running

from paragraph No.1 to 33 are all true and correct and I believe them

to be true.

3. I swear that the documents to the petition i.e Annexure A to G

are true copies of its originals.

What is stated above is correct and true.

BENGALURU
DATE:02-04-2025 DEPONENT

IDENTIFIED BY ME:

ADVOCATE
NO. OF CORRECTIONS