- 1 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3882 OF 2022 (GM-POLICE) BETWEEN: 1. SRI G.P.NAVEEN KUMAR S/O LATE G.C.PRABHAKAR AGED 45 YEARS, 2. SRI G.P.NIRANJAN KUMAR S/O LATE G.C.PRABHAKAR AGED 42 YEARS, BOTH OCC: PARTNER SREE VENKATESHWARA AGENCY NO.147/7, MYSORE MAIN ROAD, NEAR SIRSI CIRCLE BENGALURU-560 018 …PETITIONERS (BY SRI. DHIRAJ A.K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMEN AND CHILD WELFARE, VIDHANA SOUDHA BENGALURU-560 001 2. THE CHAIR PERSON KARNATAKA STATE WOMEN COMMISSION Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 NO.107 CAUVERY BHAVAN, 1ST FLOOR, KARNATAKA HOUSING BOARD BUILDING K.G.ROAD BENGALURU-560 009 3. DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH, SOUTH END POLICE STATION, JAYANAGAR BENGALURU-560 011 4. CHAMARAJPET POLICE STATION REP BY ITS INSPECTOR, CHAMARAJAPET BENGALURU-560 018 5. SMT D.THEJA W/O LATE G.DEVENDRA SETTY AGED ABOUT 73 YEARS, R/O VISHWA PRAKRUTHI NEST 2ND FLOOR, OPP. THYAGARAJ NAGAR POLICE STATION, BENGALURU-560 070 6. SMT S.LAKSHMI W/O SURYAKUMAR AGED 50 YEARS, R/O 3906, 13TH A ROSS, 9TH MAIN, B S K II STAGE, BENGALURU-560 070 7. SMT I.R.SHILPA W/O I.S.RAGHAVENDRA AGED ABOUT 43 YEARS R/O 17/13, 6TH MAIN, 3RD CROSS, KAVERI NAGAR, KATRIGUPPE, B S K III STAGE - 3 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 BENGALURU-560 085 …RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1, R3 & R4 SRI.RANGANATH S. JOIS, ADVOCATE FOR R2 SRI.SHRIDHAR PRABHU, ADVOCATE AND SRI.SIDDAVEER C., ADVOCATE FOR R6 & R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF R2 DATED 1.1.2022 PRODUCED AT ANNEXURE-G, HOLDING THE SAME TO BE ILLEGAL AND QUASH NOTICE DATED 9.2.2022 PRODUCED AT ANNEXURE-L ISSUED BY R4 DIRECTING PETITIONERS TO APPEAR FOR ENQUIRY WITHOUT ANY JUSTIFICATION, HOLDING THE SAME TO BE ILLEGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER a) To quash the order of respondent no.2 dated 1.1.2022 in No.PÀgÁªÀiD/zÀÆ.C./¨ÉA-296/2021-22/136/6 produced at Annexure-G, holding the same to be illegal. b) To quash notice dated 9.2.2022 produced at Annexure-L in No.¹¦n/¦J¸ï/PÀgÁªÀÄD/02/2022 issued by respondent no.4 directing Petitioners to appear for enquiry without any justification, holding the same to be illegal. c) To issue any other suitable writ or order or direction which the Hon'ble Court deems fit in the circumstances of the case, in the interest of justice." - 4 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 2. It is the case of the petitioners that the petitioners along with respondent Nos.5 to 7 formed a partnership firm by name Sree Venkateshwara Agency on 10.09.2016 with the object to carry on the business of oil agency and other business at No.147/7, Mysore Road, near Sirsi Circle, Bengaluru. The respondent No.5 on 10.12.2021 approached respondent No.2 with a representation signed by respondent Nos.6 and 7 also, alleging that after her husband demised three years ago, she along with her children i.e., respondent Nos.6 and 7 were not receiving any kind of remuneration or monitory benefit from the firm. It is further alleged that they were not allowed to handle any kind of accounts, maintenance of the firm and petitioner No.1 was not allowing them to monitor things. Basing on the same, respondent No.2 by making file noting that the issue requires to be resolved through her, directed issuance of conciliation notice to all the parties. However, the notice was issued informing petitioners that complaint was received by Commission and hence, they were directed to be present on 27.12.2021 at 11:30 a.m. in person along with all documents. - 5 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 3. It is stated that petitioner No.1 appeared in person before respondent No.2 and submitted his representation, informing that without service of complaint, calling upon petitioners to appear for an enquiry was illegal. He requested to provide the copy of complaint along with accompanying documents, proceeding sheets and further submitted that only on receipt of these documents, needful action can be taken in accordance with law. Respondent No.2 on 27.12.2021 passed an order, without recording anybody's statement in the manner known to law, disposing off the complaint by advising the parties to settle the issue mutually. Strangely, in the said order, respondent No.2 has found fault with petitioners for having requested for copy of the complaint. On the very same day, after petitioner No.1 having left the premises of respondent No.2, respondent Nos.5 to 7 gave another representation with inward No.3616, informing respondent No.2 that they were going to take control of petrol bunk and petitioners may object to the same. There was a possibility of threat from the petitioners and hence requested for protection. Respondent No.2 based on representation has proceeded to pass an order dated 01.01.2022, informing him about the - 6 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 apprehension expressed by respondent Nos.5 to 7 and directed him to take action in accordance with law against the petitioners and report the same within 15 days to the Commission. Aggrieved thereby, the petitioners are before this Court. 4. Learned counsel appearing for the petitioners submits that respondent No.2 has no authority to pass such an order. It is purely a business transaction between the petitioners and respondent Nos.5 to 7. It is submitted that the order passed by respondent No.2 is contrary to the principles of natural justice and the provisions of the Act. The respondent No.2 has no authority and jurisdiction to enter into these kinds of commercial disputes between the parties and it cannot direct the respondents to provide protection. It is submitted that the respondent No.4 cannot issue notice and both the notice issued by respondent No.4 and the order passed by respondent No.2 is not sustainable. 5. Though vakalath is filed, there is no representation on behalf of respondent No.5. - 7 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 6. Learned High Court Government Pleader appearing for respondent Nos.1, 3 and 4 submits that as per the interim order passed by the Co-ordinate Bench of this Court dated 21.02.2022, no action has been taken. It is submitted that after the notice, the petitioners have appeared before the Investigating Officer and they have placed the annual audit report and the Police have requested to close the proceedings as this is purely civil in nature. 7. Having heard the learned counsels on either side, perused the entire material on record. On the face of it, the impugned proceedings before this Court i.e., the order passed by respondent No.2 dated 01.01.2022 and the notice dated 09.02.2022 issued by respondent No.4 are without any authority of law. The disputes between the parties are commercial disputes and respondent No.2 has no role to play. The respondent No.2 has exceeded the jurisdiction conferred on them and has interfered in these disputes and passed order dated 01.01.2022. In that view of the matter, this Court is passing the following order: - 8 - HC-KAR NC: 2026:KHC:19499 WP No. 3882 of 2022 ORDER i. The order dated 01.01.2022 passed by respondent No.2 at Annexure-G and the notice dated 09.02.2022 issued by respondent No.4 at Annexure-L, are set aside. ii. Accordingly, the writ petition is allowed. iii. All I.As. in this petition shall stand closed. MEG List No.: 2 Sl No.: 1 SD/- (LALITHA KANNEGANTI) JUDGE