Citation : 2026 Latest Caselaw 2182 Kant
Judgement Date : 11 March, 2026
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NC: 2026:KHC:14597
WP No. 7800 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7800 OF 2026 (GM-POLICE)
BETWEEN:
1. AMANDEEP
S/O OM PRAKASH,
AGED ABOUT 41 YEARS,
R/A 3-H, 16,
JAWAHAR NAGAR,
GANGANAGAR,
RAJASTHAN 335 001.
2. AADITYA KUMAR,
S/O BHUP SINGH,
AGED 36 YEARS,
R/A NO.131, 18 GG,
GOVINDPURA (18 GG),
Digitally signed by
11 LNP, UDYOG VIHAR,
CHAITHRA A GANGANAGAR,
Location: HIGH
COURT OF RAJASTHAN 335 002.
KARNATAKA
3. NIRMALA DEVI,
W/O OMPRAKASH TARAD,
AGED ABOUT 68 YEARS,
R/A HOUSE NO.3-H-16,
SECTOR NO.3,
JAWAHAR NAGAR,
GANGANAGAR,
RAJASTHAN 335 001.
...PETITIONERS
(BY SRI. Y.R. SADASIVA REDDY, SR. COUNEL FOR
SRI. RAHUL S. REDDY., ADVOCATE)
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NC: 2026:KHC:14597
WP No. 7800 of 2026
HC-KAR
AND:
1. STATE BY CENTRAL INVESTIGATION DEPARTMENT,
REP. BY THE SPP / DEPUTY SUPERINTENDENT OF
POLICE
HIGH COURT OF KARNATAKA
BANGALORE 560001
2. SRI. ANNAPPA,
S/O VEERAPPA,
AGED ABOUT 41 YEARS,
R/A. ANAJIGOLLARAHALLI VILLAGE,
DAVANGERE TALUK,
DAVANGERE 577 001.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE POLICE NOTICE DATED 12.01.2026 ISSUED BY
THE R1 TO THE PETITIONER NO. 1 VIDE ANNX-C. NO. 14/
CRIME/EOD/CID/2022. QUASH THE POLICE NOTICE DATED
15.02.2026 VIDE ANNX-D. NO. 14/CRM/EOD/CID/2022.
QUASH THE UNDATED POLICE NOTICE ISSUED TO PETITIONER
NO. 3 VIDE ANNX-E. NO.14/CRM/EOD/CID/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking for the
following reliefs;
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HC-KAR
"a) Issue a Writ of Certiorari by quashing the police notice dated 12.01.2026 issued by the 1st respondent to the petitioner No.1 vide Annexure-C No.14/CRIME/EOD/ CID/2022.
b) Issue a Writ of Certiorari by quashing the police notice dated 15.02.2026 vide Annexure-D No.14/CRM EOD/CID/2022.
c) Issue a Writ of Certiorari by quashing the undated police notice issued to petitioner No.3 vide Annexure-E No.14/CRM/EOD/CID/ 2022.
d) Grant such other reliefs that this Hon'ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of justice and equity."
2. The petitioners are aggrieved by the police
notices issued by respondent No.1 in connection with
Crime No.326/2020 registered for the offences punishable
under Sections 34, 406, 409, 465, 420, 468 and 471 of
the IPC.
3. Learned Senior Counsel appearing for the
petitioners would submit that the impugned notices have
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HC-KAR
been issued after a lapse of nearly five years from the
date of registration of the crime and that the petitioners
have absolutely no connection with the alleged offence.
Referring to the material on record, he would contend that
the entire amount in question was credited to the account
of one Vivek Reddy and that the petitioners are in no way
concerned with the transactions which ultimately led to
registration of the crime.
4. Per-contra, learned AGA appearing for the State
would contend that the petitioners are required to be
questioned in the course of investigation and that the
impugned notices have been issued only for the purpose of
securing their presence for interrogation. He therefore
submits that no interference is warranted at this stage.
5. Having heard the learned counsel appearing for
the parties and on perusal of the material placed on
record, this Court finds that the impugned notices have
been issued in connection with Crime No.326/2020.
Though the notices have been issued after a considerable
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lapse of time from the registration of the crime, the
Investigating Officer is nevertheless entitled to secure the
presence of persons who may be in a position to furnish
information relevant to the investigation.
6. It is well settled that constitutional courts would
ordinarily refrain from interdicting the investigation being
carried out by the Investigating Agency. In the present
case, the notices issued to the petitioners are only to
facilitate collection of information during the course of
investigation.
7. However, having regard to the fact that the
alleged incident pertains to the year 2019 and the crime
came to be registered in the year 2020, this Court deems
it appropriate to direct the petitioners to appear before the
Investigating Officer and extend their co-operation to the
investigation by furnishing all necessary information. It is
further clarified that during such enquiry, no precipitative
or coercive action shall be taken against the petitioners.
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HC-KAR
8. For the foregoing reasons, the following order is
passed:
ORDER
(i) The writ petition is allowed in part.
(ii) The petitioners shall appear before respondent No.1-Investigating Officer within a period of three weeks from the date of receipt of a copy of this order and co-operate with the investigation.
(iii) It is made clear that if any incriminating material is collected against the petitioners during the course of investigation, respondent No.1 shall be at liberty to proceed in accordance with law.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 40
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