- 1 - NC: 2025:KHC:15955 WP No. 10367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10367 OF 2025 (GM-POLICE) BETWEEN: SRI. M.K. SHANTHA MURTHY, S/O LATE R. KARIBASAVE GOWDA, AGED ABOUT 51 YEARS, WORKING AS SENIOR SUB REGISTRAR, OFFICE OF THE SENIOR SUB REGISTRAR, GANGA NAGAR, BANGALORE - 560 032. …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HOME, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 2. ASSISTANT COMMISSIONER OF POLICE, CEN POLICE STATION, NORTH DIVISION, DEPUTY COMMISSIONER OFFICE BUILDING, YESHWANTHPURA, BANGALORE CITY - 560 022. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15955 WP No. 10367 of 2025 RECORDS FROM THE R-2 PERTAINING TO THE IMPUGNED NOTICE DATED 03.04.2025 (ANNX-F) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) CALL for records from the Respondent No.2 pertaining to the impugned notice dated 03/04/2025 (ANNEXURE - F); b) ISSUE WRIT OR ORDER quashing the impugned notice dated 03/04/2025 issued by the Respondent No.2 Police and all proceedings pursuant thereto (ANNEXURE -F), in the interest of justice and equity; c) PASS any other Order including the cost of this Writ Petition, in the interest of justice and equity." 2. Heard Shri Satish K. learned counsel appearing for the petitioner and Shri Shamanth Naik, learned High Court Government Pleader appearing for the respondents. 3. Owing to the fact that the notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, did not accompany to it, the complaint and the FIR copy, as necessary - 3 - NC: 2025:KHC:15955 WP No. 10367 of 2025 in law, this Court on 04.04.2025 had passed the following order: "Heard the learned counsel appearing for the petitioner. Learned AGA waives notice for the respondents. The petitioner is before this Court calling in question a police notice issued under Section 35(3) of the BNSS. The notice reads as follows: Police Notice U/s 35(3) BNSS Date:-03.04.2025 In Exercise of the powers conferred under sub section (1) of section 35(3) of BNSS. I hereby inform you that during the investigation of FIR No- 245/2025 U/S 65 IT Act registered in CEN Crime Police Station, North Division, Bangalore city. During the course of investigation, it is revealed that there are reasonable grounds to question you to ascertain/circumstances the facts and circumstances from you. Hence you are hereby directed to appear before me in Cyber Crime Police Station, North division Bangalore city for enquiry along with relevant documents." Neither the complaint nor the FIR is appended to the police notice as is necessary in law in terms of the Circular issued by the state on 30/12/2024 pursuant to the direction issued by this Court. List the matter on 16.04.2025 in the 'fresh matters list'." 4. The learned High Court Government Pleader on instructions and verification of the records would admit that the notice so issued on 03.04.2025 was contrary to law, but are - 4 - NC: 2025:KHC:15955 WP No. 10367 of 2025 now issuing a notice, which is produced before the Court on 07.04.2025, which appends to it both the complaint and the FIR. 5. In the light of the compliance with law, the petitioner shall now appear before the Investigating Officer once the notice, as is placed before this Court reaches the doors of the petitioner. 6. With aforesaid observations, the petition stands disposed. As a matter of form, the earlier notice impugned shall stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 42 CT: BHK