- 1 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7858 OF 2026 (GM-POLICE) BETWEEN: SRI MANJUNATHA V S/O VENKATESH AGED ABOUT 30 YEARS RESIDENT OF MUGABALA VILLAGE AND POST JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT 562114 …PETITIONER (BY SRI. SHRIDHARA K., ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE BANGALORE CITY POLICE NO 1, INFANTRY ROAD BANGALORE 560001 2. THE SUPERINTENDENT OF POLICE BANGALORE DISTRICT MILLERS ROAD VASANTH NAGARA BANGLORE 560001 3. THE STATION HOUSE OFFICER NADAGUDI POLICE STATION Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 HOSKOTE TALUK BANGALORE RURAL DISTRIFT 562122 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR DIRECTIONS DIRECTING THE 3RD RESPONDENT NANDAGUDI POLICE TO CONSIDER THE COMPLAINTS DATED 05.02.2026, 08.02.2026 AND 09.02.2026 AS PER ANNEXURE A TO C RESPECTIVELY TO THIS WRIT PETITION AND CONSEQUENTLY REGISTER THE CASE IN ACCORDANCE WITH LAW AND B) ISSUE A DIRECTION TO THE 2ND RESPONDENT SUPERINTENDENT OF POLICE, BENGALURU, TO SUPERVISE THE PROGRESS OF THE INVESTIGATION AND ENSURE ITS TIMELY COMPLETION. C) PASS SUCH OTHER ORDERS AS DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE. 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 The captioned writ petition is filed seeking for the following reliefs:- "a) Issue a Writ of Mandamus or directions directing the 3rd respondent Nandagudi Police to consider the complaints dated 05.02.2026, 08.02.2026 and 09.02.2026 as per Annexure- A to C respectively to this writ petition and - 3 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 consequently register the case in accordance with law; and b) Issue a direction to the 2nd respondent Superintendent of Police, Bengaluru, to supervise the progress of the investigation and ensure its timely completion. c) Pass such other orders as deemed fit and proper in the circumstances of the case." 2. Learned AGA, referring to the records made available before this Court, would submit that the petitioner’s grievance is primarily founded on certain written representations said to have been submitted to the superior police Authorities. However, it is pointed out that the petitioner has not placed on record any material to demonstrate that a complaint was in fact lodged before the jurisdictional Police Station seeking registration of a crime. The learned AGA would therefore contend that in the absence of a complaint presented before the officer in charge of the jurisdictional Police Station, the machinery of criminal law cannot be said to have been set in motion in the manner contemplated under law. This submission, on - 4 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 perusal of the material placed on record, merits acceptance. 3. The scheme of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') clearly indicates the procedure to be followed for setting the criminal law into motion. Section 173 of 'BNSS, 2023', which corresponds to the earlier Section 154 of the Code of Criminal Procedure, mandates that every information relating to the commission of a cognizable offence shall be given to the officer in charge of a police station and such information shall be reduced into writing and entered in the prescribed register. Only upon such information being placed before the jurisdictional police station does the statutory duty arise upon the Station House Officer to register a First Information Report and proceed with investigation in accordance with law. 4. The statute further provides a remedial mechanism in Section 173(4) of 'BNSS, 2023' enabling the - 5 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 aggrieved informant, in the event of refusal on the part of the officer in charge of a police station to record such information, to approach the Superintendent of Police or other superior officer who may either investigate the case himself or direct that an investigation be conducted by a subordinate officer. Thus, the legislative scheme is explicit that the primary step for setting the criminal law into motion is the lodging of information before the jurisdictional police station and the remedy of approaching the superior officer arises only upon refusal by such officer to register the information. 5. In the present case, the petitioner has not produced any material to demonstrate that a complaint disclosing commission of a cognizable offence was lodged before the jurisdictional police station as contemplated under Section 173 of 'BNSS, 2023'. On the contrary, the documents placed before the Court indicate that certain representations were directly addressed to superior police authorities. Such representations, without first invoking - 6 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 the statutory mechanism before the jurisdictional police station, cannot be construed as compliance with the procedure prescribed under the 'BNSS, 2023' for setting the criminal law in motion. The statutory scheme does not contemplate bypassing the jurisdictional police station and directly invoking the writ jurisdiction of this Court on the basis of representations addressed to superior officers. 6. In the absence of any material to demonstrate that the petitioner had first approached the jurisdictional police station and that such authority failed or refused to act in accordance with Section 173 of 'BNSS, 2023', this Court is of the view that the writ petition seeking directions to the police authorities is premature and not maintainable. The petitioner has not exhausted the statutory remedy available under the provisions of the 'BNSS, 2023'. Accordingly, no direction as sought for can be issued in the present writ petition. - 7 - HC-KAR NC: 2026:KHC:14599 WP No. 7858 of 2026 Therefore, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 45