Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30965 WP No. 18397 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18397 OF 2026 (GM-POLICE) BETWEEN:
KRISHNAMURTHY AGED ABOUT 68 YEARS, S/O LATE SHRI. MUNIBYRAIAH RESIDING AT NO. 1025, 2ND CROSS, BEML LAYOUT, R.R. NAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI. M.S. SHYAMSUNDAR, SR. COUNSEL APPEARING FOR SMT. VANDANA P.L, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY MAGADI POLICE STATION, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
SHRI GAJENDRA KUMAR CHC - 290 MAGADI POLICE STATION BENGALURU NORTH, BENGALURU - 562 120. …RESPONDENTS (BY SRI. C.H. DEVARAJ, GA FOR R1 AND R2)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30965 WP No. 18397 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SUMMONS DATED 05.06.2026 BEARING NO.
SP/BS/CRM/MG/333/2026 AND THE CONSEQUENTIAL SHOW- CAUSE NOTICE ISSUED BY THE EXECUTIVE MAGISTRATE UNDER SECTION 132 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRODUCED AS ANNEXURES-A AND B AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari or any other appropriate writ, order or direction and quash the summons dated 05.06.2026 bearing No.SP/BS/CRM/MG/333/2026 and the consequential show-cause notice issued by the Executive Magistrate under Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023, produced as Annexures-A and B; b. Pass such other order or orders as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the case, in the interest of justice and equity.
3. The contention of the petitioner is that without an
order under Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is being passed, notice
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HC-KAR NC: 2026:KHC:30965 WP No. 18397 of 2026
under Section 126 could not have been ordered. This issue has been considered by this Court vide order dated 15.12.2025 in W.P.No.33157/2025.
4. Hence, the above writ petition would have to be
disposed of in terms of the direction issued there under.
5. Reserving liberty to the respondents to act in terms thereon, this Court passes the following:
ORDER i) Writ petition is allowed. ii) A certiorari is issued. The summons dated 05.06.2026 bearing No.SP/BS/CRM/MG/333/2026 at Annexures-A and B are quashed. iii) Liberty is reserved to the respondents to act in terms of the order dated in 15.12.2025 in W.P.No.33157/2025.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 25