- 1 - HC-KAR NC: 2025:KHC:53603 WP No. 32544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32544 OF 2025 (GM-POLICE) BETWEEN SRI. HARISH TOLAR S/O KUSHAL THOLAR AGED ABOUT 41 YEARS R/O 26, G1, GROUND FLOOR VASTUNIRVANA APARTMENTS EAST RAILWAY, PARALLEL ROAD SESHADRIPURAM, BENGALURU KARNATAKA-560020 …. PETITIONER (BY SRI. VINOD KUMAR.M., ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001 2. THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE MANGALORE CITY DIVISION MANGALORE, DAKSHINA KANNADA DISTRICT-575001 3. STATION HOUSE OFFICER MANGALORE EAST POLICE STATION, RAJGOPALANAGAR, MANGALORE DAKSHINA KANNADA DISTRICT-575015 …. RESPONDENTS (BY SMT. K.P. YASHODHA., AGA FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53603 WP No. 32544 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE NOTICE DATED 16/09/2025 ISSUED BY RESPONDENT NO. 2 IN NO. 560/SEM/MC/2025 DIRECTING THE PETITIONER TO APPEAR AND SHOW CAUSE UNDER SECTION 130 OF THE BNSS, 2023, PRODUCED AT ANNEXURE C AND FURTHER PROCEEDINGS PURSUANT TO THE SAID NOTICE AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 13.11.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CAV ORDER 1. Petitioner is before the Court seeking for the following reliefs: i. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the notice dated 16.09.2025 issued by R2 in No.560/SEM/MC/2025 directing the petitioner to appear and show cause under Section 130 of the BNSS, 2023, produced at Annexure-C and further proceedings pursuant to the said notice; ii. Pass such other orders or directions as this Hon’ble Court deems fit and proper in the interest of justice and equity. 2. The grievance of the petitioner is that without an order under Section 130 of the BNSS 2023 having been passed, a show-cause notice has been issued - 3 - HC-KAR NC: 2025:KHC:53603 WP No. 32544 of 2025 under Section 126 of the BNSS, Act 2023. The procedure not having been complied with, the said notice dated 16.09.2025 issued by respondent No.2- Executive Magistrate is required to be passed. 3. This Court has dealt with the said issue in detail in order passed today in WP No.33157 of 2025 in Sri.D.C.Aravind & Ors., vs. State of Karnataka & Ors., and has categorically come to a conclusion that a show-cause notice under Section 126 of the BNSS, Act 2023 cannot be issued, without an order under Section 130 of the BNSS, Act 2023 accompanying such show-cause notice. 4. Apart therefrom, various other aspects of the procedure to be followed under Chapter XI, where the above provisions are found have been dealt with and I am of the considered opinion that the said judgment would be equally applicable to the present matter. - 4 - HC-KAR NC: 2025:KHC:53603 WP No. 32544 of 2025 5. As indicated supra, the show-cause notice under Section 126 of the BNSS, Act 2023 not accompanied by an order under Section 130 of the BNSS Act, 2023, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the notice dated 16.09.2025, issued by respondent No.2 in No.560/SEM/MC/2025 at Annexure-C is quashed. iii. The matter is remitted to respondent No.2 for fresh consideration and if, on the basis of the material received, respondent No.2 is of the opinion that an order under Section 130 of the BNSS, Act 2023 is required to be passed, he could follow the procedure as indicated in the order passed in WP No.33157 of 2025 in Sri.D.C.Aravind & Ors., vs. State of Karnataka & Ors., and in the event of respondent No.2 coming to a conclusion that no order under Section 130 of the BNSS, Act 2023 is required to be passed, close the proceedings. SD/- (SURAJ GOVINDARAJ) JUDGE SR, List No.: 3 Sl No.: 1