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2025 DAILYLAW 22428 (KAR)

SRI. M R KRISHNA MURTHY v. STATE OF KARNATAKA BY

WP/9377/2025 · 2025-04-07

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14754 WP No. 9377 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. 9377 OF 2025 (GM-POLICE) BETWEEN: 1. SRI. M R KRISHNA MURTHY S/O M. RAJGOPAL SETTY, AGED ABOUT 80 YEARS, RESIDING AT NO.590, 10TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BANGALORE - 560070 2. SMT.K.SANDHYA W/O M.R. KRISHNA MURTHY AGED ABOUT 68 YEARS, RESIDING AT NO.590, 10TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BANGALORE - 560070 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14754 WP No. 9377 of 2025 3. SRI S.M. KARTHIK SON OF SRI.S.P. MADAN KUAMR AGED ABOUT 40 YEARS, R/AT NO.3009/1-2, 18TH A CROSS, 2ND MAIN BANASHANKARI II STAGE BANGALORE - 560 070 …PETITIONERS (BY SRI. C.V. NAGESH, SR. COUNSEL, FOR SRI. SUNIL KUMAR S., ADVOCATE) AND: STATE OF KARNATAKA BY SHO, THALAGATTAPURA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001 …RESPONDENT (BY SRI.RAHUL CARIAPPA K.S., AGA FOR STATE; SRI. SANDESH J. CHOUTA, SR. COUNSEL AND SRI. VIKRAM HULIGOL, SR. COUNSEL A/W SRI. SHRAVANTH ARYA TANDRA, ADV. FOR IMPLEADING APPLICANT ) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DTD 21.03.2025 AND 26.03.2025 VIDE ANNX-A, A1, B AND B1 ISSUED BY THE RESPONDENT/ THALAGATTAPURA POLICE SUMMONING THE PETITIONERS TO APPEAR BEFORE IT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14754 WP No. 9377 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "(i) Issue a Writ of Certiorari or such other Writ quashing the impugned notices dated 21/03/2025 and 26/03/2025 vide Annexures A, A1, B and B1 issued by the Respondent / Thalagattapura Police summoning the Petitioners to appear before it. (ii) Issue a Writ of Certiorari or such other Writ quashing the LPT No.345/2025 on the books of Respondent / Thalagattapura Police Station, Bangalore. (iii) Direct the respondent not to interfere with the life and liberty of the Petitioners except following due process of Law. (iv) Grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case." 2. Heard the learned Senior counsel Sri.C.V.Nagesh for the learned counsel Sri.Sunil Kumar S., appearing for the petitioners, the learned Additional Government Advocate Sri.Rahul Cariappa K.S., appearing for the respondent / State, the learned Senior counsel Sri.Sandesh J. Chouta and the learned Senior counsel Sri.Vikram Huligol along with the - 4 - NC: 2025:KHC:14754 WP No. 9377 of 2025 learned counsel Sri.Shravanth Arya Tandra, appearing for the impleading applicant. 3. Owing to the notice being contrary to the procedure stipulated under the Bharatiya Nagarik Suraksha Sanhita, 2023, this Court had granted an interim order of stay. 4. The learned Additional Government Advocate on instructions from the SHO - Sri.Jagdish N., of Thalagattapura police station who is present before the Court would submit that the complaint itself is closed. 5. In the light of the closure of the complaint, nothing further would survive for consideration in the case at hand. 6. The learned Senior counsel would submit that petitioner Nos.1 and 2 are senior citizens and they should not be harassed. - 5 - NC: 2025:KHC:14754 WP No. 9377 of 2025 7. While that direction cannot be rendered at this juncture. It is needless to observe that the respondent - police will act in accordance with law. 8. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 78