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Amandeep vs State By Central Investigation ...
2026 Latest Caselaw 2182 Kant

Citation : 2026 Latest Caselaw 2182 Kant
Judgement Date : 11 March, 2026

[Cites 9, Cited by 0]

Karnataka High Court

Amandeep vs State By Central Investigation ... on 11 March, 2026

                                                   -1-
                                                            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)
                              -2-
                                         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;

NC: 2026:KHC:14597

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

NC: 2026:KHC:14597

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

NC: 2026:KHC:14597

HC-KAR

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.

NC: 2026:KHC:14597

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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