- 1 - NC: 2025:KHC:14662 WP No. 6794 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6794 OF 2025 (GM-POLICE) BETWEEN: SRI. SAMEER M.D, S/O LATE BASHA M.D., AGED 26 YEARS, R/AT NO. 63, BALAJI NILAYA, ROYAL RESIDENCY LAYOUT, HULLAHALLI, JIGANI, BANGALORE - 560 083. …PETITIONER (BY SRI. SACHIN DESHPANDE, ADVOCATE FOR SRI. PAWAN SHYAM A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE INSPECTOR OF POLICE, BELLARY POLICE STATION, BELLARY, KARNATAKA, COWL BAZAR POLICE STATION - 583 102. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14662 WP No. 6794 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POLICE NOTICE DATED 05.03.2025 ISSUED BY RESPONDENT NO. 2 UNDER SECTION 35(3) OF THE BNS ACT, 2023. DIRECTING THE PETITIONER TO APPEAR BEFORE THE BELLARY POLICE STATION ON 06.03.2025 AT 10.30AM ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR ODERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Stay the operation of the Notice dated 05.03.2025 issued by Respondent No.3 under Section 35(3) of the BNS Act, 2023, directing the Petitioner to appear before the Bellary Police Station on 06.03.2025 at 10:30 AM; ANNEXURE-C. b) Extend the time to the Petitioner to appear before the Respondent Police within 15 days instead of 06.03.2025 at 10:30 AM; c) Restrain the Respondents from taking any coercive action against the Petitioner including his arrest; - 3 - NC: 2025:KHC:14662 WP No. 6794 of 2025 d) Direct the Respondents to furnish a copy of FIR No.51 of 2025 to the Petitioner forthwith." 2. Heard Shri Sachin Deshpande, learned counsel for Shri Pawan Shyam, learned counsel appearing for the petitioner and Shri Rahul Cariappa, learned Additional Government Advocate appearing for the respondents. 3. This court in terms of its order dated 06.03.2025 grants an interim order of stay. It transpires that the interim order of stay of the operation of the notice issued under Section 35(3) of the BNS 2023, as it ran counter to the circular dated 30.12.2024. 4. The learned Additional Government Advocate appearing for the respondents submits that the petitioner subsequently has filed a criminal petition invoking Section 482 of the Cr.P.C, seeking stay of the investigation, itself and the investigation is said to have been stayed by the Co-ordinate Bench. 5. In that light, the present petition need not detain this Court for any further orders to be passed. - 4 - NC: 2025:KHC:14662 WP No. 6794 of 2025 6. In the light of the aforesaid circumstance, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 30 CT: BHK