Compliance with statutory procedures is mandatory in issuing summons under the BNSS, 2023. Failure to issue a prior written order under Section 130 invalidates subsequent actions, ensuring protection of individual rights.

ORDER :

SURAJ GOVINDARAJ, J.

1. Petitioners are before the Court seeking for the following reliefs:

i. Issue a writ of certiorari to quash the summons dated 30.09.2025 issued by 3^rd Respondent (Annexure-E and F) and;

ii. Issue a writ of certiorari and quash the report dated 30.08.2025 filed by the R2 (Annexure-C) and;

iii. Issue a writ of certiorari and quash the preventive Action Report No.79/2025 dated 18.09.2025 registered by R1 (Annexure D) and consequently quash the entire proceedings in FAR No.79/2025 pending on the file of the Taluk Magistrate, Hassan Taluk, Hassan District and;

iv. Pass such other and further orders as deemed fit in light of the facts and circumstances of the case in the interest of justice.

2. The petitioners claim to be the Office Bearers of Malnad Technical Education Society, Hassan. The main objective of the said society is to establish and run various educational institutions such as Colleges, Schools, Hostels, etc., in Hassan. The term of the office of the Executive Committee is five years; an election was held on 11.01.2025 under the Chairman of the senior most member. Certain persons having been elected to the various posts for a period of five years, the No Confidence Motion was moved against the elected body, regarding which certain disputes arose.

3. The Deputy Registrar of Co-operative Societies vide endorsement dated 17.09.2025 held that for a smooth day-to-day administration and exigencies of the society, 13 directors having majority support may continue to carry out administration of the society as per by-law No.9(a). The society on 16.09.2025 represented by its Chairman, Secretary and Treasurer had filed a suit in OS No.762 of 2025 against the petitioners-herein seeking for declaration that the election of the plaintiff-therein was valid, genuine and acted upon.

4. In the meanwhile, respondent No.2-Police Officer had submitted a report on 18.09.2025 alleging that, on the basis of confidential information received, there were disputes among the Office Bearers of the society. There were threats held out by one group against the other, there being threats held out that the administrative office locks would be broken open, etc., Based on the said report, the Station House Officer, Hassan Extension Police Station-Respondent No.1, registered a Preventive Action Report No.79/2025, under Section 126 of the Bharatiya Nagarika Suraksha Sanita ( BNSS ), 2023 (for short hereinafter referred to as “ 2023”) against the petitioners and others.

5. On the 30.09.2025, Tahsildar and Executive Magistrate-Respondent No.3 issued a message on WhatsApp attaching the summons to Petitioner No.5, directing him to appear before Respondent No.3 on 08.10.2025 to answer the charges alleged. Respondent No.3 had also issued a summons on 30.09.2025 to Petitioner No.1, directing him to appear in person on 08.10.2025 at 3.00 p.m. to answer the charges alleged. It is aggrieved by the said summons and messages that the petitioners are before this Court challenging the said summons/messages.

6. Sri.Manmohan.P.N., learned counsel appearing for the Petitioners, would submits that;

6.1. By way of summons, the Petitioners have been called upon to show cause why security is not required to be furnished by them for keeping peace.

6.2. His submission is that Section 126 of the BNSS 2023 does not contemplate any such show- cause notice to be issued. Respondent No.3 ought to have complied with the requirement of read with Section 130 of the 2023, no order having been passed under of the 2023, the question of summons being issued under of the 2023 would not arise.

6.3. An order under Section 130 of the BNSS 2023 would have to be a written order setting out the substance of the information received, the amount of bond required to be furnished, the time period for which the bond was to be in force, the number of sureties, etc., along with the said Order, the notice/summons under Section 126 of the 2023 is required to be issued.

6.4. Hi