- 1 - HC-KAR NC: 2025:KHC:32980 WP No. 23420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23420 OF 2025 (GM-RES) BETWEEN: SRI. K. VENKATESH S/O M. KANNAN, AGED ABOUT 58 YEARS, R/AT S.F -5, "BALAJI NEST", 2ND MAIN, BASAPPALAYOUT, HENNUR CROSS, HBR LAYOUT, KALYAN NAGAR POST, BENGALURU - 560 436. …PETITIONER (BY SRI. MAHESHA P., ADVOCATE) AND: 1. THE DIG AND IG KARNATAKA STATE POLICE, OFFICE AT NO.2, POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BANGALORE - 560 001. 2. THE COMMISSIONER OF POLICE OFFICE AT NO.2, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU, KARNATAKA - 560 001. 3. POLICE INSPECTOR HALSURGATE POLICE STATION, OFFICE AT NR ROAD, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32980 WP No. 23420 of 2025 OPPOSITE BRUHAT BENGALURU MAHANAGARA PALIKE OFFICE, KEMPEGOWDA CIVIC HALL, CUBBONPETE, NAGARATHPETE, BENGALURU - 560 002. RESPONDENT NO.1 TO 3 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF CR.P.C PRAYING TO DIRECTING THE RESPONDENTS TO PROMPTLY EXECUTE THE NON-BAILABLE WARRANT ISSUED AGAINST THE ACCUSED ON 13.08.2025 IN CC NO.2276/2023, PENDING BEFORE THE LEARNED 13TH ACJM COURT, BENGALURU WHICH IS AT ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed under Section 482 Cr.P.C. seeking a mandamus against police officials to properly execute the non-bailable warrant issued against the accused in C.C.No.2276/2023 for the offence punishable under Section 138 of N.I. Act. - 3 - HC-KAR NC: 2025:KHC:32980 WP No. 23420 of 2025 2. This Court is of the considered view that the relief sought in the present petition is wholly misconceived and misplaced. The records disclose that the matter is already seized before the jurisdictional Magistrate, where the petitioner has instituted a private complaint under Section 200 of the Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. It is also seen that in the said proceedings, the learned Magistrate has issued process and warrants against the accused. 3. If the grievance of the petitioner is that the warrants issued by the concerned Magistrate are not being executed by the police officials, the proper course available to the petitioner is to approach the same Magistrate by filing an appropriate application seeking necessary directions for execution of the warrants. Once the proceedings are seized before the jurisdictional Magistrate, this Court cannot, in exercise of its inherent jurisdiction, issue any parallel or supervisory directions to - 4 - HC-KAR NC: 2025:KHC:32980 WP No. 23420 of 2025 the police in that regard. The law contemplates that such matters must first be placed before the Court which has issued the process, and only if that Court fails to act within its jurisdiction, can the petitioner seek recourse in accordance with law. 4. In that view of the matter, no grounds are made out to entertain this petition. Accordingly, the petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 27