Case brief
What is this about?
High Court of Karnataka, single judge (Sachin Shankar Magadum, J.), order dated 22.08.2025 in WP No. 23420 of 2025 (GM-RES) under Articles 226/227 Constitution read with Section 482 Cr.P.C.; complainant in a Section 138 NI Act private complaint (C.C.No.2276/2023, 13th ACJM Court, Bengaluru) sought mandamus to police to execute non-bailable warrant dated 13.08.2025; held Section 482 jurisdiction cannot be used for parallel or supervisory directions to police while proceedings are seized before the jurisdictional Magistrate; remedy is an application before the Magistrate who issued the warrant; petition dismissed. Keywords: non-bailable warrant execution, Section 482 Cr.P.C., Section 138 NI Act, mandamus to police, inherent jurisdiction, maintainability.
What did the court decide?
The relief sought in the present petition is wholly misconceived and misplaced, as the matter is already seized before the jurisdictional Magistrate, where the petitioner instituted a private complaint and the learned Magistrate has issued process and warrants against the accused.