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2025 DAILYLAW 49108 (KAR)

MR H GIRISH v. STATE OF KARNATAKA

WP/31340/2025 · 2025-10-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41227 WP No. 31340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31340 OF 2025 (GM-POLICE) BETWEEN: 1. MR H GIRISH S/O HANUMANTHAIAH, AGED ABOUT 45 YEARS, R/AT FLAT NO.2022, 2ND FLOOR, WING NO.2, SHOBHA INDRAPRASTHA, MINERVA MILLS ROAD, BEHIND LULU HYPER MARKET, BENGALURU-560023. 2. MRS. REKHA GIRISH @ REKHA S SAYANNAVAR W/O H GIRISH, AGED ABOUT 46 YEARS, R/AT FLAT NO.2022, 2ND FLOOR, WING NO.2, SHOBHA INDRAPRASTHA, MINERVA MILLS ROAD, BEHIND LULU HYPER MARKET, BENGALURU-560023. …PETITIONERS (BY SRI. N. GOWTHAM RAGHUNATH.,ADVOCATE) AND: 1. STATE OF KARNATAKA AMBEDKAR VEEDHI ROAD, BENGALURU-560001 REPRESENTED BY THE STATION HOUSE OFFICER OF NANJUNGUD TOWN POLICE STATION, MYSORE DISTRICT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41227 WP No. 31340 of 2025 2. SUPERINTENDENT OF POLICE OFFICE AT 8M78+JW8, JYOTHI NAGAR, GAYATHRI PURAM, MYSORE-570010. 3. NANJUNGUD TOWN POLICE STATION POLICE QUARTERS, NANJUNGUD-571301 REPRESENTED BY THE POLICE INSPECTOR. 4. MR. PUVITH V AGED MAJOR, R/AT HOUSING BOARD, NANJUNGUD TOWN. …RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R3; SMT. SINCHNA., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO FURNISH A COPY OF THE ALLEGED COMPLAINT LODGED BY THE 4TH RESPONDENT BASED ON WHICH NOTICES DATED 04.10.2025 BEARING NO.NO/NSD/LP/106/2025 WERE ISSUED BY THE 3RD RESPONDENT (ANNEXURE-A AND A1) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for the following reliefs; i. Issue a writ of mandamus directing the Respondent to furnish a copy of the alleged complaint lodged by the R4 based on which notices dated 04.10.2025 bearing No. NO/NSD/LP/106/2025 were issued by the R3 (Annexure-A & A1) - 3 - HC-KAR NC: 2025:KHC:41227 WP No. 31340 of 2025 ii. Issue a writ of certiorari to quash the notices dated 04.10.2025 bearing No. NO/NSD/LP/106/2025 issued by the R3 as the same are not in compliance with Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Annexure-A & A1); iii. Issue a writ of mandamus by initiating enquiry/disciplinary proceedings against the R3 Respondent/s Police Inspector for not following the procedure laid down in Law in respect of issuance of Notice as mandated under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023; iv. Grant such other relief or reliefs this Hon’ble Court deems fit in the interest of justice and equity. v. Direct the Respondent Bank (R5) to restrain from any precipitative action including but not limited to any civil or criminal proceedings in order to recover the purported loan, cease to take any coercive actions during the pendency of the present petition. 2. The grievance of the Petitioners is that in or along with notice dated 04.10.2025, no details have been furnished as regards in what matter the Petitioners had been called upon for being presence and make their statements. 3. Learned AGA upon instructions submits that the details would be furnished by end of day 23.10.2025. 4. If that be so, the grievance of the Petitioners would stand redressed by such furnishing of the documents. The date and time fixed in the impugned - 4 - HC-KAR NC: 2025:KHC:41227 WP No. 31340 of 2025 notice dated 04.10.2025 at Annexure-A shall stand modified to 11.00 A.M. on 29.10.2025. 5. In view of the above, writ petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 3 Sl No.: 1