Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39012 WP No. 25521 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25521 OF 2025 (GM-POLICE)
BETWEEN:
MR RAMACHANDRA K S/O KEMPAIAH, AGED ABOUT 37 YEARS R/AT. NAGAYYANAPALYA, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DIST - 562 132
…PETITIONER (BY SRI. KRISHNA MURTHY N.,ADVOCATE) AND:
1. STATE OF KARNATAKA BY THYAMAGONDLU POLICE STATION, REP. BY SPP HIGH COURT COMPLEX, BENGALURU -560 001
2. RAMACHANDRAIAH POLICE SUBINSPECTOR, THYAMAGONDLU POLICE STATION, NELAMANGALA,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39012 WP No. 25521 of 2025
BANGALORE RURAL DISTRICT, KARNATAKA - 562 132
ALSO OFFICIALLY AT C/O DIRECTOR AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE, NRUPATHUNGA ROAD, BENGALURU, KARNATAKA - 560001. …RESPONDENTS (BY SMT. K.P.YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE NO.E2PS/CR.NO.85/2025, DATED 19.07.2025 ISSUED BY THE THYAMAGONDLU PS AS PER ANNEXURE-A; ISSUE A WRIT OF MANDAMUS DIRECTING DIRECTOR GENERAL AND INSPECTOR GENERAL OR POLICE KARNATAKA TO INITIATE DISCIPLINARY ACTION AGAINST RESPONDENT NO.2 FOR MISUSING THE POSITION AND POWER AND INDULGING IN COMMITTING WRONGFUL CONFINEMENT, ASSAULT AND USING ABUSIVE WORDS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:39012 WP No. 25521 of 2025
ORAL ORDER
The question for consideration is: whether this Court must intervene with the impugned notice dated 19.07.2025 [Annexure - A] issued by the second respondent. The context for this question could be in the following terms as is recorded by this Court on
04.09.2025. "The petitioner, who has lodged a complaint against his estranged wife, is aggrieved by the impugned notice issued by the jurisdictional Police, Thyamagondla Police Station calling upon the petitioner to participate in Polygraph, Brain-mapping and Narco Analysis Test/s. This Court is of the prima facie view that the respondents must justify whether this notice could be issued without due permission from the competent Court, and that if such permission is obtained, the details thereof must be placed on record."
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HC-KAR NC: 2025:KHC:39012 WP No. 25521 of 2025
Mrs.
K. P. Yashodha, the learned Additional Government Advocate when heard in the light of the afore, submits that she cannot contest that to subject any person for the tests as aforementioned, there must be necessary permissions from the Court and that this notice is issued in anticipation of the permission. This Court is of the opinion that on this short ground, this Court must intervene and quash the impugned notice dated 19.07.2025 [Annexure - A] but without prejudice to the respondents to act in accordance with law. It is ordered accordingly. Sd/- (B M SHYAM PRASAD) JUDGE
RB