- 1 - HC-KAR NC: 2025:KHC-D:11166 WP No. 105748 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 105748 OF 2025 (GM-RES) BETWEEN: SRI. RAVI S/O. MURALIDHAR KULKARNI, AGE: 36 YEARS, OCC: SERVICE, R/O: 44/72 HONDADAKATTI, BUILDING, 2ND CROSS, NEAR JAIN TEMPLE HOSUR, HUBBALLI – 580 021. …PETITIONER [BY SRI. SURESH N. KINI, ADVOCATE (APPREAD THROUGH V.C.)] AND: 1. THE ASSISTANT COMMISSIONER OF POLICE (LAW AND ORDER) & SPECIAL EXECUTIVE MAGISTRATE, HUBBALLI –DHARWAD, REPRESENTED BY STATE PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SMT. SHARADABAI W/O. RAVAJIRAO KULKARNI, AGE: 71 YEARS, OCC: HOUSE HOLD WORK, R/O: KULKARNI BUILDING, NEAR JAIN TEMPLE, 2ND CROSS, HOSUR, HUBBALLI - 580 021. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NYAYA SANHITA (BNS), 2023/482 OF CRIMINAL PROCEDURE CODE PRAYING TO CALL FOR RECORDS AND ALLOW THE PRESENT PETITION AND QUASH THE IMPUGNED ORDER/NOTICE BEARING CHP/VKADA/COP/HU DA/126/194/2025 DATED 03.08.2025 UNDER SECTION 130 OF THE B.N.S.S, ON BASIS OF A REPORT DATED 16.06.2025 BEARING NO.36/2025 SUBMITTED BY THE ASI OF VIDYA NAGAR PS, HUBBALLI, PRODUCED HEREWITH AND MARKED AS ANNEXURE -M AGAINST THE PETITIONER IS CONCERNED AND ETC., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11166 WP No. 105748 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, 2023, seeking for the following relief: “i. To call for records & allow the present petition & quash the impugned order / notice bearing CHP/ VKADA/ COP/ HU-DA/ 126/ 194 /2025, dated 03.08.2025 under Section 130 of the B.N.S.S., on the basis of a report dated 16.06.2025 bearing No.36/2025 submitted by ASI of Vidya Nagar P.S., Hubballi, produced herewith and marked as Annexure-M against the petitioner is concerned. ii. Pass any other order in the given set of facts and circumstances of the case, in the interest of justice.” 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. 3. The petitioner is before this Court assailing the impugned show-cause notice dated 03.08.2025 issued by respondent No.1 in his capacity as Special Executive - 3 - HC-KAR NC: 2025:KHC-D:11166 WP No. 105748 of 2025 Magistrate, Hubballi-Dharwad under Section 130 of the BNSS, 2023. 4. Perusal of the material on record would go to show that the first respondent has received a report from the jurisdictional Police Station to take action against the petitioner as provided under Section 126 of BNSS, 2023. On receipt of the same, the competent authority in exercise of its powers under Section 130 of the BNSS, 2023 has issued the impugned show-cause notice. 5. Perusal of the impugned show-cause notice would go to show that a preliminary order as contemplated under Section 130 of the BNSS, 2023 has been passed by the competent authority mentioning the brief facts of the case, which has resulted in issuing the show-cause notice and therefore, I do not find any illegality in the impugned show- cause notice, which is challenged by the petitioner in this petition. It is for the petitioner to appear before the competent authority on the date mentioned in the show-cause notice and file reply / objection to the show-cause notice, and in the - 4 - HC-KAR NC: 2025:KHC-D:11166 WP No. 105748 of 2025 event an adverse order is passed against the petitioner, it is always open for him to question the same before the appropriate forum. Under the circumstances, I do not find any merit in this petition. Accordingly, the Writ Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 36