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2026 DAILYLAW 38108 (KAR)

SRI HUSSAIN MUEEN FAROOQ v. THE ASSISTANT COMMISSIONER OF POLICE

WA/1688/2026 · 2026-09-02

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010453502026 NC: 2026:KHC:47815-DB WA No. 1688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1688 OF 2026 (GM-POLICE) BETWEEN: 1. SRI HUSSAIN MUEEN FAROOQ S/O LATE K.M. HUSSAIN AGED ABOUT 52 YEARS ADVOCATE BY PROFESSION MEMBER OF SUPREME COURT BAR ASSOCIATION, NEW DELHI MEMBERSHIP NO.F-00042/RES RESIDING AT NO.27, 3BPH 4TH FLOOR, SUMIT APARTMENTS SANKEY ROAD BENGALURU – 560 001 …APPELLANT (BY SRI S.N.JHA, ADVOCATE FOR SRI A. IMRAN, ADVOCATE [VC]) AND: 1. THE ASSISTANT COMMISSIONER OF POLICE EDF-1, CENTRAL CRIME BRANCH GREATER CHENNAI POLICE VEPERY, CHENNAI – 600 007 …RESPONDENT Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010453502026 NC: 2026:KHC:47815-DB WA No. 1688 of 2026 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE FINAL ORDER DATED 18.06.2026 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.18409/2026 DISMISSING THE PETITION ON THE POINT OF JURISDICTION & ALLOW THE WRIT PETITION NO.18409/2026 AND ISSUE A WRIT OF CERTIORARI TO QUASH THE POLICE NOTICE DATED 05.06.2026 ISSUED BY THE RESPONDENT UNDER SECTIONS 179 AND 94 OF BNSS 2023 VIDE ANNEUXRE-A & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 18.06.2026 passed by the learned Single Judge of this Court in W.P.No.18409/2026(GM-POLICE). 2. The appellant had filed the said writ petition impugning a notice dated 05.06.2026 issued by the respondent under Sections - 3 - HC-KAR CNR: KAHC010453502026 NC: 2026:KHC:47815-DB WA No. 1688 of 2026 179 and 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS]. 3. It was the appellant’s case that the respondent did not have any jurisdiction to issue a notice under Sections 179 and 94 of the of BNSS to any person outside the territory of the State of Tamil Nadu. 4. The learned Single Judge had, without examining the question to the challenge that is raised, declined to entertain the writ petition on the ground that the respondent was an authority within the State of Tamil Nadu and therefore the appropriate Court to challenge the order issued by the said authority would be the jurisdictional High Court, that is, the Madras High Court. 5. Without going onto the question as to the jurisdiction of this Court, since the notice issued which is impugned in the writ petition was issued by an authority in the State of Tamil Nadu, it would not be apposite for this Court to entertain the writ petition. 6. In view of the above, the present appeal is disposed of with the observation that the appellant would not be precluded from - 4 - HC-KAR CNR: KAHC010453502026 NC: 2026:KHC:47815-DB WA No. 1688 of 2026 availing its remedies before the concerned jurisdictional High Court, that is, the Madras High Court. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 1 Sl No.: 5