- 1 - HC-KAR NC: 2026:KHC:2429 WP No. 838 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 838 OF 2026 (GM-POLICE) BETWEEN: MR. MANOJ KUMAR JAIN S/O ARJUN LAL AGED ABOUT 45 YEARS NEW JYOTHI JEWELLERS B.M.ROAD, SANTHEPET PERIYAPATNA, MYSORE – 571 107. …PETITIONER (BY SRI SUNIL KUMAR H., ADVOCATE) AND: 1. STATE OF KARNATAKA THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS DR. B.R.AMBEDKAR ROAD BENGALURU – 560 001. 2. THE INSPECTOR OF POLICE K.R.PURA POLICE STATION KRISHNARAJAPURAM BENGALURU – 560 036. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2429 WP No. 838 of 2026 CERTIORARI TO QUASH THE NOTICE DATED 04/01/2026 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-A(B); ISSUE A WRIT OF CERTIORARI TO QUASH THE NOTICE DATED 08/01/2026 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE A1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question notices dated 04.01.2026 and 08.01.2026, issued by respondent No.2. 2. The petitioner is the owner of a jewellery shop and a crime comes to be registered on certain thieving of gold. Though ‘C’ report comes to be filed, the police are behind the petitioner. 3. Learned counsel for petitioner submits that the police are continuously summoning the petitioner or the petitioner is meted out such harassment on such summoning. Learned counsel submits that without permission of the learned - 3 - HC-KAR NC: 2026:KHC:2429 WP No. 838 of 2026 Magistrate on the ‘C’ report, no further investigation can be taken up. 4. In the light of the said submission, without there being any permission from the hands of the learned Magistrate to continue further, the investigation or the summoning of the petitioner without authority of law, would become illegal. However, the notices that are issued to the petitioner are the ones issued under Section 94 of the BNSS, 2023, which was Section 91 of the earlier regime - the Cr.P.C. Any notice of that kind being issued would necessarily need cooperation from the hands of the noticee. But the facts in the case at hand is, ‘C’ report is filed before the learned Magistrate. Unless permission is obtained from the hands of the learned Magistrate, even a notice under Section 94 of the BNSS cannot spring. 5. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The notices dated 04.01.2026 and 08.01.2026 stand quashed. - 4 - HC-KAR NC: 2026:KHC:2429 WP No. 838 of 2026 c. The police are restrained from precipitating the matter, except after the Magistrate would grant such permission to continue the proceedings. Ordered accordingly. I.A.No.1/2026 stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 1 CT:SS