- 1 - HC-KAR NC: 2025:KHC:46430 WP No. 31445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.31445 OF 2025 (GM-RES) BETWEEN: SRI. DINESH GANIGA S/O MANJUNATHA GANIGA, AGED ABOUT 46 YEARS, R/AT KOTATHATTU POST AND VILLAGE, BRHAMAVARA TALUK, UDUPI DISTRICT-576 105. …PETITIONER (BY SRI. GOVINDARAJU K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANVARA P.S. ARASIKERE RURAL CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. MAYA FATHER NAME NOT KNOWN, AGED ABOUT 45 YEARS, SENIOR SHERISTEDAR/IN CHARGE CHIEF ADMINISTRATIVE OFFICER, DISTRICT COURT, UDUPI-574 105. …RESPONDENTS (BY SRI ANOOP KUMAR M.V., H.C.G.P., FOR R-1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46430 WP No. 31445 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRIMINAL PROCEDURE CODE (SECTION 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.55/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2) 221, 190 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 REGISTERED BY THE R-1 AS AGAINST THE PETITIONER PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, UDUPI VIDE ANNEXURE-A DATED 28.03.2025 AND CONSEQUENTLY QUASH THE POLICE NOTICE DATED 18.08.2025 BEARING NO.55/A.KRA/UNATA/2025 ISSUED BY THE R-1 POLICE ISSUED TO THE PETITIONER VIDE ANNEXURE-C. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the registration of FIR in Cr.No.55/2025 at Udupi Town Police Station, Udupi, for the offence punishable under Section 189(2), 221, 190 of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:46430 WP No. 31445 of 2025 2. FIR is registered against 20 unknown persons, on a complaint lodged by the Senior Shirestedar of the Court of the Principal District and Sessions Judge, Udupi. It is alleged that on 27.3.2025 at about 5.50 p.m. about 10-20 people had gathered in front of the Court Hall of the Principal District and Sessions Judge, Udupi, and on enquiry, they informed that they are Judgment Debtors in the case and intend to meet the Principal District and Sessions Judge, in connection with the execution of the delivery warrant. Though the Senior Shirestedar told them that they cannot meet the Judge without permission, they were reluctant to go and disturbed the atmosphere and created disturbance in front of the Court Hall. 3. It appears that, a Notice has been issued under Section 35(3) of BNSS, 2023 to the petitioner calling upon him for an enquiry. Mere issuance of notice will not give rise to any cause of action to the petitioner to seek quashing of the entire FIR. Notice is issued for the purpose of investigation and therefore, no mala fide intention can - 4 - HC-KAR NC: 2025:KHC:46430 WP No. 31445 of 2025 be imputed. It is open for the petitioner to appear before the I.O. and participate in the enquiry. There is no merit in the petition. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 62