Mudra Developers vs M/S Aashirvad Infra Developers

Headnote AI-drafted · Reviewed and approved

The petitioners, accused Nos. 1 to 3, challenged the order dated 04-12-2025 passed by the IIIrd Additional District and Sessions Judge, Dakshina Kannada, Mangalore in Criminal Revision Petition No. 78/2025, which had rejected their challenge to the order of cognizance taken by the Judicial Magistrate First Class, V Court, Mangalore in C.C. No. 248/2025 dated 05-02-2025.

The High Court noted that the identical issue, involving the same parties, had already been answered by it in Criminal Petition No. 54/2026 disposed of on 22-01-2026. In that earlier order, the Court had examined the statutory framework under the Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly Sections 4, 5, 223 and 531, alongside Section 200 of the Code of Criminal Procedure, 1973, with reference to the requirements for taking cognizance of an offence on a complaint.

Following the reasoning and conclusion in Criminal Petition No. 54/2026, the present petition was disposed of on the same terms, the Court applying the settled position on the interplay between the repealed Cr.P.C. provisions and the corresponding BNSS provisions governing cognizance and examination of complainants.

Catchwords: criminal petition · cognizance of offence · complaint · examination of complainant · Bharatiya Nagarik Suraksha Sanhita · BNSS Section 223 · BNSS Section 531 · Code of Criminal Procedure Section 200 · repeal and savings · partnership firm · revision petition · judicial magistrate