The High Court quashed a Preventive Action Report directing the petitioner to execute an indemnity bond, holding that the absence of a mandatory show-cause notice under Section 111 CrPC violated principles of natural justice.
Impugned preventive action report dated 25.03.2024 quashed. Police at liberty to take lawful action.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 16574 OF 2024 (GM-POLICE)
BETWEEN:
M. ISTHIYAK AHMED S/O MOHAMMED KHALID AGED ABOUT 55 YEARS, R/O NO.10/A, NOHA STREET SHIVAJINAGAR, BENGALURU, KARNATAKA-560 051.
…PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER WHICH IS PRODUCED AS ANNEXURE-A PASSED BY THE RESPONDENT POLICE DATED 25/03/2024 IN PREVENTIVE ACTION REPORT NO.19/2024.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the Preventive Action Report dated 25.03.2024, wherein the petitioner was directed to execute an Indemnity Bond with sureties, ensuring good behavior.
NC: 2024:KHC:32825 WP No. 16574 of 2024
25.03.2024 issued by respondent-Police at Annexure-A is hereby quashed.
in accordance with law, if permissible in law.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether the failure to issue a show-cause notice under Section 111 CrPC renders the preventive action report under Section 110 violative of natural justice?
3 provisions across 2 enactments
M. Isthiyak Ahmed
State of Karnataka
The Commissioner of Police
The Shivajinagar Police Station
Mr. Raju. N
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
