- 1 - HC-KAR NC: 2026:KHC:30150 WP No. 1917 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1917 OF 2024 (GM-RES) BETWEEN: 1. 2. 3. SRI R P GOPALAGOWDA S/O PUTTEGOWDA AGED ABOUT 52 YEARS, R/A RAYAREKALAHALLI, ALAKAPURA POST, GOWRIBIDANUR TALUK, CHIKKABALLAPUR-561213. SRI. R. SHANTHARAJA S/O RANGASWAMY, AGED ABOUT 50 YEARS, R/AT NO. 67, RAYAREKALAHALLI, ALAKAPURA POST, GOWRIBIDANUR TALUK, CHIKKABALLAPUR-561213. SRI. N. RANGANATHA S/O NANJUNDAPPA AGED ABOUT 58 YEARS R/AT RAYAREKALAHALLI, ALAKAPURA POST, GOWRIBIDANUR TALUK, CHIKKABALLAPUR-561213. …PETITIONERS (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30150 WP No. 1917 of 2024 2. 3. HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. THE THAHASHILDAR, OFFICE OF THAHASHILDAR, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT-561210 STATION HOUSE OFFICER, MANCHENAHALLI POLICE STATION, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT-561210. …RESPONDENTS (BY SRI. C.H. DEVARAJ GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE R2 AND 3 TO PRODUCE ENTIRE RECORDS PERTAINING TO INITIATION OF PROCEEDINGS U/S 107 OF THE CRPC IN NO.MAG/C.R.193/2023-24 DTD 08.01.2024 BEFORE THIS HONBLE COURT AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a) Issue a writ of mandamus directing the Respondent No 2 and 3 to produce entire records pertaining to initiation of proceedings under Section 107 of the Cr.P.C. in No MAG/C.R193/2023-24 dated 08/01/2024 before this Hon’ble court, b) Issue a writ of certiorari quashing the proceedings initiated against the petitioners in No - 3 - HC-KAR NC: 2026:KHC:30150 WP No. 1917 of 2024 MAG/C.R193/2023-24 dated 08/01/2024 produced at Annexure C, C1 & C2 holding that it is contrary to law and violative of the Fundamental rights to Live with human dignity, c) Pass such other writ/s, direction/s, order/s as deemed fit to pass under the facts and circumstances of the case in the interest of justice and equity. 2. The grievance of the petitioners is that without an order under Section 111 of Cr.P.C having been passed, a show-cause notice has been issued under Section 107 of Cr.P.C. The procedure not having been complied with, the said notice dated 08.01.2024 issued by respondent No.2 is required to be quashed. 3. This Court has dealt with the said issue in detail in the case of Sri.D.C.Aravind & Ors., vs. State of Karnataka & Ors.,1 and has categorically come to a conclusion that a show-cause notice under Section 107 of Cr.P.C. cannot be issued, without an order under Section 111 of Cr.P.C. 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 1 WP No.33157/2025 - 4 - HC-KAR NC: 2026:KHC:30150 WP No. 1917 of 2024 and I am of the considered opinion that the said judgment would be equally applicable to the present matter. 5. As indicated supra, the show-cause notice under Section 107 of Cr.P.C not accompanied by an order under Section 111 of Cr.P.C., this Court passes the following; ORDER i. The Writ Petition is allowed. ii. A certiorari is issued. The notice dated 08.01.2024, issued by respondent No.2 in No.MAG/C.R193/2023-24 at Annexures-C, C1 and C2 are 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 111 of Cr.P.C., is required to be passed, he could follow the procedure as indicated in the order passed in Sri.D.C.Aravind & Ors., vs. State of Karnataka & Ors.,1 and in the event of respondent No.2 coming to a conclusion that no order under Section 111 of Cr.P.C., is required to be passed, close the proceedings. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS, List No.: 1 Sl No.: 36