- 1 - HC-KAR NC: 2026:KHC:1217-DB WP No. 36738 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 36738 OF 2025 (SCST-PIL) BETWEEN: SRI SOMASHEKAR RAJAVAMSHI ADVOCATE, S/O. LATE SRI BASANNA R, AGED ABOUT 54 YEARS, R/A. NO. 201, 3RD FLOOR, SRI NILAYA, NO. 93/5, 28TH B CROSS, 14TH MAIN, 4TH BLOCK EAST, JAYANAGAR, BENGALURU-560 011. KSBC ENROLMENT NO. KAR/743/2023 AADHAR NO. 5922 1404 4987, PAN AONPR6812G EMAIL: SRADVOCATE99@GMAIL.COM, MOBILE NO. 9980606060 …PETITIONER (BY SRI. SOMASHEKAR RAJAVAMSHI., PARTY-IN-PERSON) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BENGALURU - 560 001 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1217-DB WP No. 36738 of 2025 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU 560 001. 3. THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU - 560 001. 4. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE (DG AND IGP), GOVERNMENT OF KARNATAKA, NRUPATHUNGA ROAD, BENGALURU - 560 001. 5. THE DIRECTOR, DEPARTMENT OF PROSECUTIONS AND GOVERNMENT LITIGATIONS, 6TH FLOOR, CAUVERY BHAVAN, BENGALURU - 560 009. 6. THE ADVOCATE GENERAL OF KARNATAKA THE HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SMT NILOUFER AKBAR, AGA FOR R1, R2, R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A PRACTICE DIRECTION/CIRCULAR TO ALL BENCHES OF THIS HONBLE COURT THAT IN CASES ARISING UNDER THE SC/ST Poa Act, NO EX PARTE INTERIM STAY OF INVESTIGATION, TRIAL, OR FURTHER PROCEEDINGS SHALL BE GRANTED IN CRIMINAL PETITIONS UNDER SECTION 482 CrPC/ SECTION 428 BNSS OR WRIT PETITIONS UNDER ARTICLES 226/227, WITHOUT PRIOR NOTICE TO THE VICTIM/COMPLAINANT AND AFFORDING THEM AN OPPORTUNITY OF BEING HEARD. - 3 - HC-KAR NC: 2026:KHC:1217-DB WP No. 36738 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that practice directions/circular be issued to all benches of this Court to provide that cases relating to SC/ST (Prevention of Atrocities Act, 1989) [the said Act], no ex- parte interim stay of investigation or trial be granted. 2. The petitioner has collected certain information which indicates there are number of cases where proceedings initiated under the said Act, have been stayed by various Benches of this Court. He submits that stay orders granted in those cases are contrary to the mandatory provisions of the said Act. 3. Undoubtedly, the petitioner has highlighted an issue regarding a number of cases being stayed. However, no blanket order can be issued to the effect that no stay order be granted in the said cases. The question as to which order is to be passed in a particular case is required to be considered by the concerned - 4 - HC-KAR NC: 2026:KHC:1217-DB WP No. 36738 of 2025 Bench. The concerned parties would have their judicial remedies if they are of the view that the order is erroneous and requires to be interfered with. 4. Having stated the above, we also note that in some of the cases as mentioned by the petitioner, interim orders have been interdicting the proceedings are operative for a long period of time. In this regard, we consider it apposite to direct this Court to consider the question of issuing appropriate directions on the administrative side for listing the old matters on a priority basis before the concerned Court. 5. The petition is disposed of with the aforesaid observations. 6. Pending applications, if any, stand disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE VMB, List No.: 2 Sl No.: 9