Karnataka High Court

WP/29044/2026 of SRI MANU D H @ CANDY Vs THE STATE OF KARNATAKA on 16 September 2026

Cites 0, Cited by 0

CNR: KAHC010639472026 NC: 2026:KHC:50420 WP No. 29044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29044 OF 2026 (GM-POLICE) BETWEEN: SRI. MANU D. H. @ CANDY, S/O HEMANTH KUMAR

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 29044 OF 2026 (GM-POLICE)

BETWEEN:

SRI. MANU D. H. @ CANDY,

S/O HEMANTH KUMAR AGED ABOUT 28 YEARS,

R/AT, DASARAKOPPALU, NEXT TO RAM MANDIR, HASSAN CITY - 573 201.

…PETITIONER

(BY SRI. GAURAV SUBRAMANYAM., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY SUPERINTENDANT OF POLICE HASSAN DISTRICT

REP. BY SPP BENGALURU - 01

HIGH COURT BUILDING.

2.

POLICE INSPECTOR

HASSAN EXTENSION POLICE STATION

HASSAN DISTRICT - 573 201.

…RESPONDENTS

(BY SRI. G. HARISHA B. S. AGA)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF

CERTIORARI OR IN THE NATURE THEREOF OR ANY OTHER

APPROPRIATE WRIT, QUASHING THE IMPUGNED ORDER IN

CASE

NO.MAG-1/HASSAN/EXTERNMENT-16/2026

DATED

14.08.2026 (ANNEXURE-A) PASSED BY THE RESPONDENT NO.1

AND ETC.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

The present writ petition is filed seeking the following relief: "a. Issue writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order in case No.MAG- 1/HASSAN/EXTERNMENT-16/2026 dated 14.08.2026 (Annexure-A) passed by the respondent No.1.

b. Pass such an order which is deemed to be fit in the nature and circumstances of the above case, in the interest of justice and equity."

2. The petitioner seeks to impugn the order dated 14.08.2026 (Annexure A to the writ petition), which is passed under Section 55 of the Karnataka Police Act, 19631.

3. Although the remedy of appeal is available to the petitioner under Section 55 of the Act, the primary contention urged on behalf of the petitioner is that although he was notified of the proceedings initiated by respondent No.1, due to unavoidable circumstances he 1 Hereinafter referred to as 'Act'

HC-KAR

could not appear before respondent No.1 and hence he did not have an adequate opportunity to contest the proceedings initiated under Section 55 of the Act.

4. It is further sought to be contended on behalf of the petitioner that the respondent No.1, who is the Superintendent of Police, did not have jurisdiction to initiate the proceedings under Section 55 of the Act. In support of his contention, learned counsel for the petitioner relied on the judgment in the case of Chandrakant Shankar Vaddar Vs. State of Karnataka and others2.

5. In view of the aforementioned, on the limited ground that the petitioner did not contest the proceedings initiated against him under Section 55 of the Act and having regard to the contention of jurisdiction raised by the petitioner, which goes to the root of the matter, it is expedient that the relief sought for in the present petition be granted.

2 Order dated 24.08.2026 passed in WP.No.104096/2026

HC-KAR

6. Hence, the following:

ORDER

i. This writ petition is partly allowed.

ii. The order dated 14.08.2026 (Annexure-A to the writ petition) passed by the respondent No.1 is hereby quashed.

iii. It is open to the concerned respondents to issue fresh notice to the petitioner under Section 55 of the Karnataka Police Act, and conduct further proceedings in accordance with law after affording an adequate opportunity to the petitioner.

iv. All contentions on the merits of the matter are kept open.

(C.M. POONACHA) JUDGE

TIN List No.: 1 Sl No.: 15

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead