- 1 - HC-KAR CNR: KAHC010599122022 NC: 2026:KHC:51142 WP No. 25617 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 25617 OF 2022 (GM-RES) BETWEEN: SRI. UMESH S/O LATE SIDDAPPA AGED ABOUT 42 YEARS, MUGALI VILLAGE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 127 …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE SAKALESHPURA RURAL POLICE STATION – 573 127. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE – 560 001. 2. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE SAKALESHPURA SUB DIVISION SAKALESHPURA – 573 127 …RESPONDENTS (BY SRI. SURYA MUKUNDARAJ, APP) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010599122022 NC: 2026:KHC:51142 WP No. 25617 of 2022 DATED 12.12.2022 PASSED IN MAG 364/2022-23 ON THE FILE OF THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, SAKALESHPURA SUB-DIVISION, SAKALESHPURA I.E, R2 VIDE ANNEXURE-C TO THE WRIT PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Srinivas V., learned counsel for the petitioner and Sri Surya Mukundaraj, learned Additional Public Prosecutor for the respondent 2. Annexure A; which is a notice dated 30.11.2022 issued by the Assistant Commissioner who is also Executive Magistrate under Section 55a and 56 of the Karnataka Police Act is called in question. 3. Reasons assigned therein would not survive for further consideration at this distance of time. 4. Accordingly, a case is made out to quash Annexure- A and Annexure-C by allowing the petition. 5. Subsequently Annexure-C came to be passed. 6. Time was granted to the respondent to find out whether the cause would survive for consideration as there was - 3 - HC-KAR CNR: KAHC010599122022 NC: 2026:KHC:51142 WP No. 25617 of 2022 a stay of Annexure-C pending consideration of the present petition on merits. 7. No response filed. However, taking note of the fact that at this distance of time, cause would not survive for consideration and Annexure-C needs to be quashed. 8. Moreover, no further particulars are forthcoming as to the criminal nature of the petitioner so as to uphold Annexure-C. 9. Accordingly, following: ORDER (i) Petition is allowed. (ii) Pending Annexure-C order dated 12.12.2022 passed in MAG 364/2022-23, on the file of Assistant Commissioner and Sub-Divisional Magistrate, Sakaleshpura, Sub-Division, Sakaleshpura is hereby quashed. (iii) However, if there is any fresh criminal activity and if the need arises, after notifying the petitioner, suitable action can - 4 - HC-KAR CNR: KAHC010599122022 NC: 2026:KHC:51142 WP No. 25617 of 2022 be taken by the Executive Magistrate in accordance with law. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 68