Sri. N. G. Manohar S/O Sumangalamma Vs the State of Karnataka

THE STATE OF KARNATAKA, REP. BY HARAPANAHALLI POLICE STATION, TQ. HARAPANAHALLI, DIST.VIJAYANAGAR, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DHARWAD BENCH, DHARWAD 580001.

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THE TALUK EXECUTIVE MAGISTRATE, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR 5911222.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIRAMTH, HCGP)

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NC: 2025:KHC-D:10077 CRL.P No. 100840 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO CALL FOR THE RELEVANT RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN CASE NO. MAG/ CR/ 2024-25/ 240 INITIATED UNDER THE PROVISION OF SEC. 126 OF BNSS ON THE FILE OF 2ND RESPONDENT HEREIN IN SO FAR AS THE SAME RELATE TO THE PETITIONERS/ACCUSED NO. 1 TO 4 HEREIN, AS THE SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN VIEW OF THE LAW LAID DOWN BY THE HON BLE COURT IN CRL.P NO 3253/2012 DATED 25.02.2013 AND CRL.P NO. 200255/2017 DATED 11.01.2016 AND OTHER IDENTICAL MATTERS DEPOSED OF SUBSEQUENTLY BY THIS HON BLE COURT.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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The petitioners are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in Case No.MAG /CR /2024-25 /240 initiated under the provision of Section 126 of the BNSS, 2023, by respondent No.2.

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Heard the learned counsel appearing for the

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parties.

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Learned counsel for the petitioners submits that

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preliminary order as required under Section 130 of the

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HC-KAR

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BNSS, 2023 has not been passed in the present case before issuing a show-cause notice against the petitioners proposing action under Section 126 of the BNSS, 2023. Therefore, the impugned proceeding is liable to be quashed.

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Per contra, learned HCGP who has opposed the petition submits that no final orders under Section 126 of the BNSS, 2023 has been passed and only show-cause notice has been issued. Petitioners are at liberty to appear before respondent No.2 and file their reply to the showcause notice. Accordingly, she prays to dismiss the petition.

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The material on record would go to show that the Sub-Inspector of Police, Harapanhalli, Vijayanagara District, has registered a preventive action report against the petitioners herein under Section 126 of the BNSS, 2023 and thereafter has requested respondent No.2 to initiate appropriate proceedings against them under Section 126 of the BNSS, 2023 for the purpose of executing necessary bonds. On receipt of a report from the Police Officer,

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NC: 2025:KHC-D:10077 CRL.P No. 100840 of 2025

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HC-KAR

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respondent No.2, Taluka Executive Magistrate has issued a show-cause notice to the petitioners without passing mandatory preliminary order as provided under Section 130 of the BNSS, 2023.

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Section 130 of the BNSS, 2023 reads as follows:

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“ 130. Order to be made.- When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show-cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.”

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Section 130 of the BNSS, 2023 is pari materia to

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Section 111 of the Cr.P.C. This Court in the case of

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SRI.NITHYANANDA SWAMIJI @ THIRU RAJASHEKARAN VS. DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER,

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RAMNAGAR DISTRICT¹ , has observed that, the Taluk Executive Magistrate, without passing orders under Section 111 of the Cr.P.C. cannot initiate a proceedings under

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1 Crl.P. No.3253/2012, DD: 25.02.2013

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HC-KAR

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Section 107 of the Cr.P.C. and if such an order is passed under Section 107 of the Cr.P.C. the same is bad in law.

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In the case on hand, without passing mandatory preliminary orders as provided under Section 130 of the BNSS, 2023, which is equivalent to Section 111 of the Cr.P.C., the Taluk Executive Magistrate has issued showcause notices to the petitioners under Section 126 of the BNSS, 2023. The same is not permissible and therefore, to that extent, this criminal petition succeeds and accordingly the following:

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ORDER

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(i) The criminal petition is partly allowed.

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(ii) The show-cause notices issued to the petitioners under Section 126 of Cr.P.C. by respondent No.2 - Taluk Executive Magistrate are quashed, reserving liberty to proceed further in the matter taking into

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NC: 2025:KHC-D:10077 CRL.P No. 100840 of 2025

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