- 1 - HC-KAR NC: 2025:KHC:52732 WP No. 36354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 36354 OF 2025 (GM-RES) BETWEEN: SRI DEVARAJU D M S/O MUNIYAPPA AGED ABOUT 40 YEARS R/AT DODDACHEEMANAHALLI VILLAGE. DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT …PETITIONER (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. STATE BY THALAGHATTAPURA POLICE STATION POLICE SUB INSPECTOR THALAGHATTAPURA BENGALURU-560109 REPT BY ITS - PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 002 2. SRI.LOKESH.M @ CHETHAN.M S/O MAHADEVA AGED ABOUT 34 YEARS RESIDING AT NO.57 GROUND FLOOR 2ND CROSS, VEERANJANEYANAGAR JAYANAGARA HOUSING SOCIETY LAYOUT SUBRAMANYAPURA POST BENGALURU- 560109 …RESPONDENTS (BY SRI ANOOP KUMAR M.V., HCGP FOR R1) THIS WP UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52732 WP No. 36354 of 2025 ANNEXURE-A THE IMPUGNED NOTICE DATED.29.11.2025 ISSUED UNDER SECTION 35(3) OF BNSS ACT CALLING THE PETITIONER TO APPEAR BEFORE THE 1ST RESPONDENT ON 30.11.2025 ABOUT 10.30 AM FOR ENQUIRY ABOUT THE PENDING CRIME NO.422/2025 FOR AN ALLEGED OFFENCE UNDER SECTION 140(3), 308(2), 118(1),351(2), 352, AND 190 OF BNSS ACT 2023, FAILING WHICH ARREST AND TAKE CUSTODY OF THE PETITIONER UNDER SECTION 35(3) AND (6) OF BNSS ACT 2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is aggrieved by the issuance of impugned notice dated 29.11.2025 vide Annexure-A, issued by the Police, in connection with the investigation in in Cr.No.422/2025 of Talaghattapura Police Station, Bengaluru city. 2. It is the contention of the learned counsel that the petitioner is neither an accused in the FIR nor he is suspected of Commission of any offence and therefore, the issuance of notice is illegal and contrary to law. - 3 - HC-KAR NC: 2025:KHC:52732 WP No. 36354 of 2025 3. As per Annexure-A, notice issued by the Police, petitioner was required to appear before the Police on 30/11/2025 about 10:00 am. It is submitted by the learned counsel that in pursuance of the said notice, the petitioner has appeared before the Police and given his statement. In view of the same, the instant petition does not survive for consideration as it has become infructuous. 4. Accordingly, the petition is disposed of as having become infructuous. 5. In view of the disposal of the petition, I.A.No.1/2025 does not survive for consideration and stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HR List No.: 1 Sl No.: 39