- 1 - HC-KAR NC: 2025:KHC:22247 WP No. 13616 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13616 OF 2025 (GM-POLICE) BETWEEN: 1. M/S. JH QUICK SOLUTIONS PRIVATE LIMITED REPRESENTED BY ITS PROPRIETOR, SHIVARATRI MAHESH, AGED ABOUT 30 YEARS, RESIDING AT WEST CHANDRA NAGAR, YAKUTHPUYRA HYDERABAD. EMAIL- JHSOLUTION7@GMAIL.COM. …PETITIONER (BY SRI. SUMUKH SHASTRY R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE 560 001. 2. THE POLICE INSPECTOR, CYBER ECONOMIC AND NARCOTIC CRIME POLICE STATION, EAST DIVISION, BROADWAY ROAD, SHIVAJINAGAR, BENGALURU CITY - 560051. 3. MR. JAYANT JALINDER DHABEKAR, AGED ABOUT 37 YEARS, R/O 30/01, RED QUARTERS, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22247 WP No. 13616 of 2025 COMMAND HOSPITAL AIR FORCE, AGRAM, ULSOOR, BENGALURU 560 007. …RESPONDENTS (BY SMT. K P YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT NO.2 PERTAINING TO THE IMPUGNED NOTICES DATED 12.02.2025, 01.03.2025, 19.04.2025 (ANNEXURE-C, C1 AND C2). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the notices at Annexure-C, C1 and C2. 2. In terms of the said notices, petitioner has been called out to show-cause as to why it should not be deemed that petitioner has fraudulently received money and appropriate proceedings be initiated against the petitioner. 3. Learned counsel for petitioner relies on the directions of this court in the case of Tavaragi Rajashekhar Shiva Prasad v. State of Karnataka Through Secretary of Home Department, Represented by SPP and Others reported in - 3 - HC-KAR NC: 2025:KHC:22247 WP No. 13616 of 2025 2024 SCC Online Kar 67 and submits that the police authorities are required to adhere to the directions at Para 13 as it is specifically asserted that along with the notice at Annexure-C, C1 and C2, no copy of the FIR so registered has been enclosed. 4. 4. It is further submitted that in the event details of FIR are not available, the directions given at para 13 (b) and (c) of the above order and procedure as required to be adhered. 5. Para 13 of the order passed in Tavaragi Rajashekhar Shiva Prasad (supra) reads as follows: " It is made clear that till the guidelines/check list is so notified by the State, if any person is necessary to be summoned, the drill that shall be followed are:— (a) The notice under Section 35 of the BNSS shall mention the crime number and the offence alleged in the crime number. This can be communicated to the noticee either through the conventional method or through electronic mode. (b) The communication shall attach copy of the FIR so registered, as the FIR would contain the gist of the complaint. (c) In the event notice does not contain the crime number, the offence alleged or appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken for non-appearance. - 4 - HC-KAR NC: 2025:KHC:22247 WP No. 13616 of 2025 (d) It is also necessary for the Police Department to bring about robust system for the FIR being uploaded immediately on their registration and make it search friendly." 6. The assertion of the petitioner is that copy of the FIR is not attached along with the notice. 7. In light of observation made at para 13, the procedure stipulated therein has to be strictly followed. The respondent- State ought not to proceed any further unless the procedure stipulated in Para 13 is complied with. 8. Needless to state, till the procedure as stipulated above is followed, no precipitative steps be taken against the petitioner. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP