- 1 - HC-KAR NC: 2026:KHC:6114 WP No.665/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 665/2026 (GM-POLICE) BETWEEN: 1. SYED KHALEEL S/O PYAREJAN, AGED ABOUT 40 YEARS, R/AT NO. 106, 4TH CROSS, UMAR NAGARA, AC POST, BENGALURU - 560 045. (LESSEE OF SHOP NO.9 AS MENTIONED IN POLICE NOTICE DATED 18/12/2025) 2. SHAIK MOHAMMED ALI S/O SHAIK TAUKAL MASTAN, AGED ABOUT 55 YEARS, R/AT NO.E137, 4TH CROSS, UMARNAGAR, NAGAWARA, GOVINDAPURA, A C POST, BENGALURU - 560 045. (TRUSTEE SECRETARY AS MENTIONED IN POLICE NOTICE DATED 24/12/2025) 3. MOHAMMED NADEEMUDDIN SHARIFF, S/O MOHAMMED ALEEMUDDIN SHARIFF, AGED ABOUT 50 YEARS, R/AT NO.113, 10TH MAIN ROAD, 3RD BLOCK, HBR LAYOUT, Digitally signed by SARITHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6114 WP No.665/2026 NAGAWARA MAIN ROAD, BENGALURU - 560 045 …PETITIONERS (BY SRI.HUSSAIN MUEEN FAROOQ., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION, CITY CIVIL COURT COMPLEX, BENGALURU, REP. BY ITS PUBLIC PROSECUTOR 2. ALTAF PASHA S/O SABJAN AGED ABOUT 70 YEARS MASJID-E-UMAR BIN KITTAB, UMAR NAGAR, NAGAWARA BENGALURU - 560 045 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH POLICE NOTICES ISSUED IN CRIME NO. 291/2025 ISSUED BY THE R1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 336(2), 336(3), 340(2) OF THE BHARATIYA NYAYA SANHITA (BNS) 2023- ANNEX-A DATED 18.12.2025, ANNX-B DATED 24.12.2025 ANNX-C DATED NIL BY ISSUING WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6114 WP No.665/2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners assert that they are tenants in possession of the different premises owned by M/s. Hazrath Ameerul Momeneen Education and Employment Trust [for short, 'the Trust'], and the petitioners are aggrieved by the notices issued by the jurisdictional police in the month of December 2025. These notices have been produced as Annexures - A, B and C. 2. Sri Hussain Mueen Farooq, the learned counsel for the petitioners, submits that [a] the jurisdictional police has issued this notice only because the petitioners have instituted suits to protect their interests and at the instance of a person who is a total stranger to the Trust and the property; [b] because the petitioners are in possession in their own right as tenants, there cannot be any complaint of culpability. Sri B Ravindranath, a learned - 4 - HC-KAR NC: 2026:KHC:6114 WP No.665/2026 Additional Government Advocate who is called upon to accept notice for the first respondent, is heard in the light of these grievances. 3. The jurisdictional police has issued notice under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short, 'the BNSS'] informing the petitioners that a complaint is lodged alleging that the petitioners have fabricated lease deeds and therefore they could be prosecuted for the offences punishable under Sections 318[4], 336[2], 336[3], 340[2] of the Bharatiya Nyaya Sanhita, 2023 [BNS] and the jurisdictional police has referred to First Information in Crime No.291/2025. 4. The provisions of Section 94 of the BNSS invests in an officer in charge of the jurisdictional police station, when the production of any particular document is necessary or desirable for the purposes of investigation, to issue summons requiring the concerned to attend enquiry/investigation and - 5 - HC-KAR NC: 2026:KHC:6114 WP No.665/2026 produce documents and the further stipulation is that when a notice is issued only to produce documents, there shall be deemed compliance with the request once the documents are furnished. 5. This Court, therefore, cannot take exception with the Station House Officer assuming jurisdiction to issue the impugned notices, but this Court must observe that the Station House Officer must record due compliance if the petitioners produce the documents in their custody. The Station House Officer must not precipitate unless such precipitation would be in accordance with law, if the petitioners produce all the documents. The petition stands disposed of with these observations. Sd/- (B M SHYAM PRASAD) JUDGE AN/-