Karnataka High Court
WP/8982/2026 of SRI BALAMANJUNATHA SWAMIJI Vs THE STATE OF KARNATAKA on 10 September 2026
CNR: KAHC010200182026 NC: 2026:KHC:49426 WP No. 8982 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8982 OF 2026 (GM-POLICE) BETWEEN: SRI BALAMANJUNATHA SWAMIJI S/O NANJAPPA AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 8982 OF 2026 (GM-POLICE)
BETWEEN:
SRI BALAMANJUNATHA SWAMIJI
S/O NANJAPPA
AGED ABOUT 36 YEARS
MKATADIPATHI SRI VIDYA CHOWDESHWARI MUTT
HANGARAHALLI BENCHAKALLU ROAD
HKULIYURUDURGA HOBLI KUNIGAL TALUK
TUKMKURU DISTRICT 572123
…PETITIONER
(BY SRI. VINOD KUMAR M, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP BY ITS CHILEF SECRETARY
VIDHANA SOUDHA
DR AMBEDKAR VEEDHI
BENGALURU 560001
2.
THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE
KARNATAKA STATE POLICE HEADQUARTERS
NRUPATUNGA ROAD
BENGALURU 560001
3.
THE SUPERINTENDENT OF POLICE
TUMKURU DISTRICT
TUMKURU KARNATAKA
Digitally
signed by
BHARATHI S
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
4.
THE STATION HOUSE OFFICER
AMRUTHUR POLICE STATION
KUNIGAL TALUK TUMKURU DISTRICT
KARNATAKA
…RESPONDENTS
(BY SRI. HARISHA A S, AGA FOR R1 TO R4
SRI. VENKATESH P DALWAI, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED
NOTICE,
DATED
08.03.2026,
BEARING
NO.
E/CC/103/2026 ISSUED BY RESPONDENT NO. 4 PRODUCED AT
ANNEXURE C, RELATED TO ALLEGED CIVIL FINANCIAL
DISPUTE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs:
1. Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the impugned notice, dated 08.03.2026, bearing No.E/CC/103/2026 issued by Respondent No.4 produced at Annexure C, related to alleged civil financial dispute.
2. Issue a Writ of Prohibition or any other appropriate writ, order or direction restraining the Respondents from interfering in the purely civil and financial dispute and from harassing the petitioner.
3. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice, equity, and good conscience."
HC-KAR
2. The petitioner is aggrieved by the notice dated 08.03.2026 (Annexure C to the Writ Petition) requiring the personal presence of the petitioner. The said notice/intimation dated 08.03.2026 has been issued by the concerned authorities consequent to a complaint filed by the proposed respondent No.5.
3. It is the contention of the learned counsel of the petitioner that even a copy of the said complaint lodged by respondent No.5 was not enclosed with the notice dated 08.03.2026 and only a summary of the allegations have been mentioned in the said notice dated 08.03.2026. However, it is submitted that a copy of the complaint has been annexed along with IA.No2/2026 for impleading that is filed by the proposed respondent No.5. It is the contention of the petitioner that the allegations of the proposed respondent No.5 are purely civil in nature.
4. At the present stage, which is at the threshold of the initiation of proceedings, it is expedient that adjudication as to whether the allegations are purely civil in nature is not undertaken by this Court in the present proceedings. It shall be open to the petitioner to respond to the notice/intimation dated 08.03.2026 as well as the allegations made in the complaint dated 17.02.2026 (copy
HC-KAR
of which is annexed as Annexure-R1 to IA.No.2/2026) to the concerned authorities. Consequent to the response of the petitioner, it shall be open to the concerned authorities to conduct further proceedings in accordance with law. For the present, until the response of the petitioner is furnished to the intimation and complaint dated 17.02.2026, the requirement of the petitioner appearing before the concerned authorities pursuant to the intimation dated 08.03.2026 is dispensed with.
5. The writ petition is disposed of in the aforementioned terms.
6. Needless to state that the respective parties shall co-operate with the concerned authorities for the process to be undertaken in accordance with law.
7. All rights and contentions of the parties on the merits of the matter are kept open.
8. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 75