Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Sharlet Sebastian D/o T.P. Devasia – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. In this petition, the petitioners seek the following reliefs:
“1. Quash the First Information Report bearing Crime No.134/2025 registered on 27.05.2025 by the High Grounds Police Station, Bengaluru, for offences under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, as being wholly illegal, arbitrary and unsustainable in law;
2. Quash the Police Notice dated 09.06.2025 issued by the High Grounds Police Station under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Diary No.135/2025, as being without jurisdiction and in violation of the Petitioners’ fundamental rights under Articles 14, 19 and 21 of the Constitution of India;
3. Pass an order of restraint directing the Respondents and all persons acting under them from initiating or continuing any further coercive action against the Petitioners-including arrest, detention, summons, or interrogation – in relation to the aforesaid FIR and Police Notice;
4. Grant such other or further orders, directions, or reliefs as this Hon’ble Court may deem just, fit and proper in the interests of justice and equity.”
2. Heard learned Senior counsel for the petitioners and learned Addl. SPP for respondent No.
Notices issued without disclosing the corresponding FIR and crime details violate legal standards under Section 41-A of the Cr.P.C., necessitating all mandatory information for legal validity.
Notices under Section 41A of the Cr.P.C. must include the crime number and relevant details to ensure transparency and protect the rights of the noticee.
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
Issuance of notice under Section 41A of the Cr.P.C. is mandatory only in specific contingencies and does not apply post-arrest and bail.
(1) Arrest by a Police Officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and shall not be termed as mandatory.(2) Arr....
The court clarified that procedural non-compliance in issuing notices under Section 41A does not equate to contempt if the accused is given opportunities to comply with the investigation.
The court quashed criminal proceedings due to police failure to follow procedural mandates, highlighting the necessity for judicial oversight to prevent abuse of process and protect individual rights....
Point of law : a person gets apprehension of being arrested in two situations:- firstly when a 'Notice' is issued to him under Section 41A (1) of the Code and secondly, after complying the terms of '....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
