Karnataka High Court
WP/17233/2026 of MR NADAF Vs STATE OF TAMIL NADU on 25 September 2026
CNR: KAHC010384172026 NC: 2026:KHC:53362 WP No. 17233 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17233 OF 2026 (GM-RES) BETWEEN: MR. NADAF, AGED ABOUT 54 YEARS, S/O PEER SAAB,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 17233 OF 2026 (GM-RES)
BETWEEN:
MR. NADAF,
AGED ABOUT 54 YEARS,
S/O PEER SAAB,
SUB-REGISTRAR,
YELHANKA (FORMERLY PEENYA),
HAVING OFFICE AT: NES OFFICE ROAD,
SUGGAPPA LAYOUT,
EAST COLONY,
YELAHANKA NEW TOWN,
BANGALORE-560064.
…PETITIONER
(BY SRI. SIDDHARTH SUMAN, ADVOCATE)
AND:
1.
STATE OF TAMIL NADU,
REP. BY ITS SECRETARY,
HOME DEPARTMENT,
FORT ST. GEORGE,
CHENNAI-600009.
2.
ASSISTANT COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH, EDF-1,
GREATER CHENNAI POLICE,
VEPPERY, CHENNAI-600007,
CELL NO.7010470212.
Digitally
signed by
PADMAVATHI
B K
Location: High
Court of
Karnataka
HC-KAR
3.
PHOENIX ARC LIMITED,
(FORMERLY KNOWN AS PHOENIX ARC
PRIVATE LIMITED)
(TRUSTEE OF PHOENIX TRUST 18 - 6),
3RD FLOOR, WALLACE TOWERS
(EARLIER KNOWN AS SHIV BUILDING),
139/140/B/1, CROSSING OF SAHAR ROAD
AND WESTERN EXPRESS HIGHWAY,
VILE PARLE EAST, MUMBAI,
MAHARASHTRA - 400057, INDIA,
REP BY ITS AUTHORISED SIGNATORY
SRI.B.CHANDRASEKHAR.
…RESPONDENTS
(BY SRI.B.N.JAGADEESHA, SPP-I FOR R1;
SMT.LEKHA JAIN, ADVOCATE FOR R2;
SRI.E.OM PRAKASH, SENIOR ADVOCATE
A/W SRI.B.C.AVINASH AND A.ABITHA BANU,
ADVOCATES FOR IMPLEADING PROPOSED R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 528 OF BNSS, PRAYING TO ISSUE WRIT OF
CERTIORARI
QUASHING
THE
POLICE
NOTICE
DATED
05.06.2026, ISSUED BY THE RESPONDENT NO.2, BEARING
REFERENCE TO CCB CR. NO. 31/2026 REGISTERED AGAINST
M/S.
SAMARPANA
CHARITABLE
TRUST
AND
OTHERS,
PURPORTEDLY UNDER SECTIONS 179 AND 94 OF THE BNSS, 2023, ADDRESSED TO THE PETITIONER IN HIS CAPACITY AS
SUB-REGISTRAR, YELAHANKA (FORMERLY PEENYA) DIRECTING
HIM TO APPEAR BEFORE THE COMMISSIONER OF POLICE, VEPERY, CHENNAI ON 08.06.2026 AT 11.00 A.M. UNDER
SECTIONS 179 AND 94 OF THE BHARATIYA NAGARIK
SURAKSHA SANHITA ISSUED BY THE RESPONDENT NO. 2 I.E.
ANNEXURE C AS BEING ILLEGAL AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner is before the Court seeking the following prayers: "a) Issue writ of certiorari quashing the Police Notice dated 05.06.2026, issued by the Respondent No.2, bearing reference to CCB Cr. No. 31/2026 registered against M/s. Samarpana Charitable Trust and others, purportedly under Sections 179 and 94 of the BNSS, 2023, addressed to the Petitioner in his capacity as Sub- Registrar, Yelahanka (formerly Peenya) directing him to appear before the Commissioner of Police, Vepery, Chennai on 08.06.2026 at 11.00 A.Μ. under Section 179 and 94 of the Bharatiya Nagarik Suraksha Sanhita issued by the Respondent No. 2 i.e. Annexure C as being illegal;
b) Pass such other or further orders as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the case, in the interest of justice."
2. Heard Sri.Siddharth Suman, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned SPP-I, appearing for respondent No.1, Smt.Lekha Jain, learned counsel appearing for respondent No.2, Sri.E.Om Prakash, learned Senior Counsel along with Sri.B.C.Avinash and A.Abitha Banu, learned counsels appearing for impleading proposed respondent No.3 and have perused the material on record.
HC-KAR
3. Owing to the role of the present petitioner who was the Sub-Registrar, who according to the learned counsel to the petitioner, had acted in consonance with law, had protected the interest, by grant of an interim order of stay.
4. Learned SPP-I Sri.B.N.Jagadeesha on instructions would submit that the petitioner would be transposed as a witness and not continued as an accused.
5. In the light of the said statement, I deem it appropriate to dispose of the subject petition, reserving liberty to the parties to knock at the doors of the appropriate Fora, in the event of need.
Ordered accordingly.
I.A.No.2/2026 also stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
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