- 1 - HC-KAR NC: 2025:KHC:22074 WP No. 17093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.17093 OF 2025 (GM-RES) BETWEEN: SRI MOHAMMED ADAM AGED ABOUT 35 YEARS, C/O MOHAMMED BASIR, R/AT DOOR NO.7, BASHIR MANSION, 2ND MAIN ROAD, BK NAGAR, YESWANTHPURA, BENGALURU – 560 022. …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY YESHWANTPUR P.S., BENGALURU 9TH CROSS ROAD, ASHOKAPURAM, YESVANTPUR INDUSTRIAL SUBURB, MAHALAKSHMI LAYOUT, BENGALURU – 560 022. 2. DEPUTY COMMISSIONER OF POLICE NORTH DIVISION, BENGALURU NEAR SAVINDHANA CIRCLE, YESWANTHPUR, BENGALURU – 560 022. BOTH REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22074 WP No. 17093 of 2025 3. SRI. AMIT KUMAR RAKHECHA AGED ABOUT 45 YEARS, R/AT NO.20/21, SHANTI COLONY, DHAMTARI, CHHATTISGARH – 493 773. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 & R-2; NOTICE TO R-3 IS D/W VIDE ORDER DATED 23.06.2025) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BNSS, PRAYING TO DIRECT THE R1 ANS 2 CONDUCT INVESTIGATION IN ACCORDANCE WITH LAW AND HOLD THAT THE ACTIONS OF THE R1 AND R2 DEMANDING THE APPEARANCE OF THE PETITIONER IS ILLEGAL OPPOSED TO LAW AND WITHOUT JURISDICTION THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(a) Direct the respondents No.1 and 2 to conduct investigation in accordance with law and hold that the actions of the respondents No.1 and 2 in demanding the appearance of the petitioner is illegal, opposed to law and without jurisdiction; (b) Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the ends of justice.” - 3 - HC-KAR NC: 2025:KHC:22074 WP No. 17093 of 2025 2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent Nos.1 and 2 and perused the material on record. For the order proposed, notice to respondent No.3 is dispensed with. 3. Learned counsel for the petitioner would submit that despite there being no complaint or FIR registered against the petitioner, respondents are taking precipitative / coercive steps against the petitioner. 4. Per contra, learned Addl. SPP for the respondents submits that there is no complaint or FIR registered against the petitioner and as such, the question of taking coercive / precipitative steps against the petitioner would not arise in the facts and circumstances of the instant case. 5. The said submission is placed on record. 6. On 16.06.2025, this Court passed the following interim order: “Learned counsel for the petitioner submits that respondent Nos.1 and 2 – police have summoned the petitioner to be present and further submits that despite there not being any complaint filed against the petitioner, FIR is registered against him and as such, - 4 - HC-KAR NC: 2025:KHC:22074 WP No. 17093 of 2025 respondents are to be directed not to take any precipitative / coercive steps against the petitioner including arresting him except by following due process of law. The said submission is placed on record. Learned Addl. SPP accepts notice for respondent Nos.1 and 2 and seeks time to obtain instructions. Copies to be served. Re-list on 23.06.2025 at 02.30 P.M. Issue emergent notice to respondent No.3. In the meanwhile, respondents are directed not to take any precipitative / coercive steps against the petitioner nor arrest him till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.” 7. In view of the aforesaid facts and circumstances and the submissions made by the Addl. SPP, petition stands dispose of directing the respondents not to take coercive / precipitative steps against the petitioner nor arrest him without there being a proper complaint or FIR and in accordance with law. 8. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 5 Sl No.: 13