- 1 - NC: 2025:KHC:7149 WP No. 16555 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16555 OF 2021 (GM-POLICE) BETWEEN: RAMESH BABU.V.M. S/O MUNIVENKATAPPA, AGED ABOUT 44 YEARS, 1ST CROSS, MALLIGE ROAD, GOKULA EXTENSION, TUMKUR-572 104. …PETITIONER (BY SRI. R.SHASHIKUMAR., ADVOCATE) AND: 1. STATE BY JAYANAGARA POLICE, TUMAKURU, KARNATAKA-572 103. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. SHASHIKALA.G D/O LATE GIRIYAPPA, AGED MAJOR, WORKING AS TALUK BACKWARD CLASSES WELFARE OFFICER, GOVERNMENT OF KARNATAKA, SIRA TALUK, TUMAKURU DISTRICT-572 103. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1; NOTICE TO R2-DISPENSED WITH V/O DATED:18.02.2025) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7149 WP No. 16555 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.R.Shashi Kumar., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned Notice dated:04.09.2021 issued by the first respondent - Police to the petitioner under Section 91 of Cr.P.C., vide Annexure-A. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with utmost care. 4. Suffice it to note that the Sub-Inspector of Police, Jayanagara Police Station, Tumkur has issued notice under Section 91 of Cr.P.C., calling upon the petitioner to appear before him. The notice is furnished along with the Writ Petition and the same is marked as Annexure-A. A perusal of the same - 3 - NC: 2025:KHC:7149 WP No. 16555 of 2021 reflects that the notice is issued under Section 91 of Cr.P.C. for appearance of the parties. Issuance of notice by the Sub- Inspector of Police under Section 91 of Cr.P.C., is untenable. For appearance of the parties, notice must be issued under Section 41A of the Cr.P.C. Therefore, issuance of notice under Section 91 of Cr.P.C., is liable to be quashed. 5. The Writ of Certiorari is ordered. The Notice dated:04.09.2021 issued by the first respondent - Police to the petitioner under Section 91 of Cr.P.C., vide Annexure-A is quashed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 14