iii) Declare that the subordinate Courts in the State of
Karnataka, Including the Hon'ble III Additional Chief
Judicial Magistrate at Bangalore, have no power to issue
INTERPOL Notices and/or directions to the 4th
Respondent.
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iv) Lay down guidelines for the 1 Respondent Police
if it wants to raise a request in future for an INTERPOL
Red Corner Notice through the 2nd Respondent.
v) Direct payment of just and suitable compensation
and costs, jointly and severally by the Respondents to the
Petitioner.
vi) Grant such other reliefs as this Hon'ble Court
deems fit considering the facts and circumstances of the
case, in order to meet the e justice."
2. Heard learned Senior counsel for the petitioner,
learned HCGP for respondent No.1, learned counsel for
respondent No.2, learned CGSC for respondent Nos.3 and 5 and
learned Senior counsel for respondent No.8 and perused the
material on record.
3. Learned Senior counsel for the petitioner would
reiterate the various contentions urged in the petition and referred
to the material on record in order to contend that the impugned
order at Annexure-A dated 09.09.2024 passed by the Trial Court
directing issuance of red corner notice against petitioner-accused
No.2 is illegal, arbitrary and without jurisdiction or authority of law
especially, in the absence of any statutory provision, rules or
regulations in the Code of Criminal Procedure (Cr.P.C.) or
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Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which
empowers, enables or authorises the learned Magistrate to issue
such a red corner notice which deserves to be quashed. It is also
submitted that the impugned order directing issuance of the
consequent open dated warrant in English format as against the
petitioner - accused No.2 also consequently deserves to be
quashed.
4. Per contra, learned Senior Counsel for respondent
No.8 as well as learned counsel for the remaining respondents
would jointly submit that there is no merit in the petition and the
same is liable to be dismissed.
5. As rightly contended by the learned Senior counsel for
the petitioner, there is no provision in the Cr.P.C or BNSS, 2023 or
any other statutory provision, rules or regulations, which enabled,
empowered or authorised the learned Magistrate to pass the
impugned order directing issuance of the red corner notice as
against the petitioner as directed in the impugned order which is
clearly illegal, arbitrary and without jurisdiction or authority of law
and as such, the impugned order and red corner notice deserve to
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be quashed to the said extent. So also, the consequent open dated
warrant in English format issued as against the petitioner on the
basis of the impugned red corner notice also deserves to be
quashed subject to certain directions to be issued to the petitioner
and respondents.
6. At this stage, learned Senior Counsel for the petitioner
submits that the remaining prayer sought for in the petition would
not be pressed for the present and his submission is placed on
record.
7. In the result, I pass the following:
ORDER
(i) The petition is partly allowed.
(ii) The impugned order dated 09.09.2024 insofar as it
relates to issuance of red corner notice against the petitioner-
accused No.2, passed in C.C.No.15645/2024 by the III Additional
Chief Judicial Magistrate, Bengaluru is hereby quashed.
(iii) Consequently, the impugned order insofar as it relates
to issuing open dated warrant at Annexure-L as against the
petitioner-accused No.2 is also hereby quashed, subject to the
petitioner appearing before the Trial Court in C.C.No.15645/2024
on 27.04.2026.
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(iv) Respondent No.2 - the Central Bureau of Investigation
(CBI) is directed to inform respondent No.4 - International Criminal
Police Organization (INTERPOL) about the present order to give
effect to and implement the same as well as to enable compliance
of this order and to ensure that the petitioner appears before the
Trial Court on 27.04.2026 as stated supra.
(v) Similarly, respondent No.3 - Ministry of Personnel,
Public Grievances and Pensions and respondent No.5- the Union
of India, Ministry of External Affairs is directed to inform/intimate
respondent Nos.6 and 7 - the Dubai Police and Ministry and
authorities at Dubai, United Arab Emirates, about the present order
to give effect to and implement the same as well as to enable
compliance of this order and to ensure that the petitioner appears
before the Trial Court on 27.04.2026 as stated supra.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 2 Sl No.: 0
