Mohammed Ashraf Arakkal Koottintakayil Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Mohammed Ashraf Arakkal Koottintakayil Vs the… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:31594 WP No. 22751 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22751 OF 2025 (GM-POLICE)

BETWEEN:

MOHAMMED ASHRAF

ARAKKAL KOOTTINTAKAYIL S/O ARAKKAL VETTATH AHMEDKUTTY, AGED ABOUT 69 YEARS,

R/A PUDUMANASSERY, PAVARATTY P.O, PAVARATTY, THRISSUR, KERALA- 680 507

SHAJITHA MOHAMED ASHARAF W/O. MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL, AGED ABOUT 64 YEARS, R/A PUDUMANASSERY, PAVARATTY P.O, PAVARATTY, THRISSUR, KERALA-680 507.

Digitally signed by VANAMALA N

Location: High Court of Karnataka

…PETITIONERS

(BY SRI. H.N. SHASHIDHARA., SENIOR ADVOCATE FOR SRI. PAVAN A, ADVOCATE )

AND:

THE STATE OF KARNATAKA REP BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.

THE DIRECTOR GENERAL OF POLICE, KARNATAKA STATE, KARNATAKA STATE POLICE

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NC: 2025:KHC:31594 WP No. 22751 of 2025

HC-KAR

HEADQUARTERS NO.2, NRUPATHUNGA ROAD, BENGALURU- 560 001.

THE COMMISSIONER OF POLICE, BANGALORE CITY, NO.1, INFANTRY ROAD, BENGALURU-560 001.

MR. CLEETUS FRANCIS, AGED ABOUT 66 YEARS, S/O FRANCIS, CLIFFI HOUSE, TC 13/287/ EMS, NAGAPURAM, TRIVANDRUM, KERALA 695 235.

…RESPONDENTS

(BY SMT.K.P. YASHODHA., AGA FOR R1 TO R3;

SRI. SIDDHARTH SUMAN, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO. 2 AND 3 TO INFORM ALL POLICE STATIONS UNDER THEIR JURISDICTION TO FIRST ISSUE NOTICE UNDER S.41A OF CRPC/S. 35(3) OF BNSS TO THE PETITIONERS FOR APPEARANCE AND PRELIMINARY ENQUIRY BEFORE REGISTERING CASE AND INITIATING COERCIVE STEPS AGAINST THE PETITIONERS ON THE BASIS OF ANY CRIMINAL COMPLAINT FILED BY THE 4^TH RESPONDENT BEFORE THE POLICE STATIONS IN THE STATE OF KARNATAKA; II. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,

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NC: 2025:KHC:31594 WP No. 22751 of 2025

HC-KAR

DIRECTING THE RESPONDENT NO. 2 AND 3 TO CONDUCT PRELIMINARY INVESTIGATION BEFORE REGISTERING NEW CRIMES AGAINST THE PETITIONERS UPON THE COMPLAINTS OF THE 4^TH RESPONDENT AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioners seek directions to the Police to consider their representations, and this is apart from

their prayer for general directions. Sri H N Shashidhara, the learned Senior Counsel for the petitioners, submits that the petitioners are constrained to approach this Court because they are needlessly embroiled in criminal proceedings at the fourth respondent’s instance, that they are not involved in any further criminal proceedings, and that therefore, it would be appropriate to issue directions to the police not to take any action unless notice as contemplated under Section 35 of the Bharatiya Nagarik Suraksha Sanhitha is issued.

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NC: 2025:KHC:31594 WP No. 22751 of 2025

HC-KAR

Sri Siddharth Suman, the learned counsel for the fourth respondent, responding to these assertions submits that his instructions are that the fourth respondent had caused two complaints [the first information] and therefore has initiated criminal proceedings which are being pursued subject to decisions therein and that there is no cause as of now for any complaint.

In the light of these submissions, after hearing Smt K P Yashodha, the learned Additional Government Advocate for the first to third respondents, this Court is of the considered view that there is no cause to continue the petition, and the petition stands disposed of accordingly.

Sd/(B M SHYAM PRASAD) JUDGE

AN/-

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