- 1 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.23661 OF 2025 (GM-POLICE) BETWEEN: 1. AFROZ PASHA @ AFROZ S/O LATE SHAIK AMEER JAN AGED ABOUT 43 YEARS PERMANENT ADDRESS: NO.272, BEEDI COLONY AJEEZ CITY, MYSURU PIN - 571005. PRESENTLY RESIDING AT NO.953, NEAR SHIVANNA CIRCLE 4TH STAGE, RAJEEV NAGAR MYSURU CITY, MYSURU PIN - 571005. …PETITIONER (BY SRI. R.K.MAHADEVA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 REP. BY STATTION HOUSE OFFICE UDAYAGIRI POLICE STATION MYSURU CITY, MYSURU PIN CODE - 570005. 2. DEPUTY COMMISSIONER OF POLICE LAW AND ORDER NEAR NAZARABAD MYSURU CITY MYSURU -570001 …RESPONDENTS (BY SMT. K.P.YASHODHA, AGA,) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PETITION AND QUASH THE NOTICE ISSUED BY THE R2 DATED 31.07.2025 BEARING NO.MAG(2)/GADIPARU/ 18/2025 VIDE ANNEXURE-A IN RESPECT OF THESE PETITIONERS. THIS PETITION COMING ON FOR FRESH MATTER THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 ORAL ORDER The petitioner is aggrieved by the Show Cause Notice dated 31.07.2025 [Annexure-A] issued as contemplated under Section 58 of the Karnataka Police Act, 1963 [for short, 'the KP Act']. This Court on 05.08.2025 has permitted the petitioner to file response to the Show Cause Notice calling upon the second respondent [the authority], which has caused the notice, not to take any precipitative action. 2. Sri. R. K. Mahadeva, the learned counsel for the petitioner, submits that after this Court's order the petitioner has filed his response on 06.08.2025 and seeks this Court's intervention contending that: [a] The petitioner is not served with the report based upon which the impugned Show Cause Notice is issued, [b] The impugned Show Cause Notice refers to four criminal proceedings, but - 4 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 • The proceedings commencing with Crime No.144/2010 has ended in an acquittal, • the proceedings commenced with Crime No.1/2014 is quashed, • the proceedings commenced with Crime No.105/ 2015 has resulted in imposition of penalty of a sum of Rs.1,000/-, and • the proceedings commenced in Crime No.189/2024 is stayed by this Court in W.P.No.32945/2024. 3. Ms. K.P. Yashodha, the learned Additional Government Advocate, submits that even the Show Cause Notice refers to the report which is basis for the same, therefore, the petitioner cannot deny receipt of the same while stating that if the petitioner makes a request for another copy, the second respondent would also furnish the same. On the - 5 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 other grounds, the learned Additional Government Advocate submits that the explanation offered would be open for consideration as is contemplated under Section 58 of the KP Act, and therefore, there is no reason for intervention by this Court. 4. This Court is of the opinion that the stand that the petitioner’s explanation would be considered by an order under Section 58 of the KP Act is just and reasonable as is the statement that if the petitioner makes a request for another copy of the report, the same would also be furnished. Hence, the following: ORDER [A] The petition stands disposed of calling upon the second respondent to inform the petitioner about the next date of hearing within the next three [3] weeks from the date of receipt of a certified copy of the order directing this respondent to furnish a copy of - 6 - HC-KAR NC: 2025:KHC:30930 WP No. 23661 of 2025 the report which forms the basis for the notice if a request is made on the first date of appearance. [B] The second respondent is also called upon to consider every explanation offered by the petitioner including the explanation that the proceedings mentioned in the Show Cause Notice cannot be a cause because they are either quashed or stayed or has resulted in acquittal. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr