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2026 DAILYLAW 4108 (KAR)

SMT SUNANDAMMA v. STATE OF KARNATAKA

WP/12270/2026 · 2026-04-21

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21427 WP No. 12270 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12270 OF 2026 (GM-RES) BETWEEN: SMT SUNANDAMMA W/O LATE D VENKATESH, AGED ABOUT 52 YEARS, RESIDENT OF NO.257/1, KODIGEHALLI VILLAGE, SRI. RAMA MANDIRA ROAD, SAHAKARNAGAR POST, BENGALURU - 560 092. &PETITIONER (BY SRI. DHANANJAYA C P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE -560 001. 2. MRS. ANITA MUNDHRA, W/O SANJAY KUMAR MUNDHRA, AGED ABOUT 53 YEARS, RESIDENT OF NO.219, CHITRAKOOT F ROAD, IDEAL HOMES TOWNSHIP, RAJARAJESHWARI NAGAR, BANGALORE - 560 098. &RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21427 WP No. 12270 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W U/S 482 OF CR.P.C PRAYING TO QUASH THE NOTICE NO VRP/PS/CR.NO.308/2025 DATED 19-02- 2026 ISSUED BY RESPONDENT NO 1 POLICE TO THE PETITIONER, IN CRIME NO 3082 OF 2025 PENDING ON THE FILE OF THE VII ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE COPY OF WHICH IS PRODUCED AS ANNEXURE H AND ETC., 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 challenging the action of respondent No.1, who has issued a police notice in view of pendency of investigation in Crime No.308/2025 on the file of the VII Additional CMM Court, Bengaluru. 2. Learned AGA, on instructions, would submit that the petitioner has already invoked the jurisdiction of this Court under Section 528 of the BNSS, 2023 by filing Crl.P.No.13956/2025 seeking quashing of the proceedings in Crime No.308/2025. Drawing attention to the material placed on record at Page No.32 of the present petition, he - 3 - HC-KAR NC: 2026:KHC:21427 WP No. 12270 of 2026 would point out that this Court, while entertaining the said petition, has already granted an interim protection by directing the respondent3Police not to harass the petitioner under the guise of investigation. Therefore, it is his emphatic contention that the grievance now projected in the present writ petition substantially overlaps with the subject matter already pending consideration before this Court in the said criminal petition. 3. This Court, having given anxious consideration to the rival submissions and on perusal of the records, finds that the present petition is premised on an apprehension that the complaint lodged is not confined to the petitioner alone, but also seeks to rope in the learned Advocate representing the petitioner, by making serious and sweeping allegations against him. However, it is not in dispute that the said Advocate is not a party to the present proceedings. More importantly, the very same crime in question is already the subject matter of challenge in Crl.P.No.13956/2025 instituted under Section - 4 - HC-KAR NC: 2026:KHC:21427 WP No. 12270 of 2026 528 of the BNSS, 2023, wherein this Court has already granted interim protection against coercive action. In that view of the matter, this Court is of the considered opinion that the petitioner cannot be permitted to invoke the extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India for a second time on substantially the same cause of action, which would otherwise amount to parallel proceedings and an abuse of the process of Court. If the petitioner encounter any further apprehension in regard to coercive steps or alleged excesses on the part of the Investigating Agency, it is always open for the petitioner to seek appropriate relief in the pending criminal petition itself. Accordingly, reserving liberty to the petitioner to work out his remedies in Crl.P.No.13956/2025, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15