Karnataka High Court
WA/1688/2026 of SRI HUSSAIN MUEEN FAROOQ Vs THE ASSISTANT COMMISSIONER OF POLICE on 2 September 2026
CNR: KAHC010453502026 NC: 2026:KHC:47815-DB WA No. 1688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1688 OF 2026 (GM-POLICE)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO. 1688 OF 2026 (GM-POLICE)
BETWEEN:
1.
SRI HUSSAIN MUEEN FAROOQ
S/O LATE K.M. HUSSAIN
AGED ABOUT 52 YEARS
ADVOCATE BY PROFESSION
MEMBER OF SUPREME COURT
BAR ASSOCIATION, NEW DELHI
MEMBERSHIP NO.F-00042/RES
RESIDING AT NO.27, 3BPH
4TH FLOOR, SUMIT APARTMENTS
SANKEY ROAD
BENGALURU – 560 001
…APPELLANT
(BY SRI S.N.JHA, ADVOCATE FOR
SRI A. IMRAN, ADVOCATE [VC])
AND:
1.
THE ASSISTANT COMMISSIONER OF POLICE
EDF-1, CENTRAL CRIME BRANCH
GREATER CHENNAI POLICE
VEPERY, CHENNAI – 600 007
…RESPONDENT
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court
of Karnataka
HC-KAR
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE FINAL
ORDER DATED 18.06.2026 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.18409/2026 DISMISSING THE PETITION ON THE
POINT
OF
JURISDICTION
&
ALLOW
THE WRIT
PETITION
NO.18409/2026 AND ISSUE A WRIT OF CERTIORARI TO QUASH
THE POLICE NOTICE DATED 05.06.2026 ISSUED BY THE
RESPONDENT UNDER SECTIONS 179 AND 94 OF BNSS 2023 VIDE
ANNEUXRE-A & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 18.06.2026 passed by the learned Single Judge of this Court in W.P.No.18409/2026(GM-POLICE).
2. The appellant had filed the said writ petition impugning a notice dated 05.06.2026 issued by the respondent under Sections
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179 and 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS].
3. It was the appellant’s case that the respondent did not have any jurisdiction to issue a notice under Sections 179 and 94 of the of BNSS to any person outside the territory of the State of Tamil Nadu.
4. The learned Single Judge had, without examining the question to the challenge that is raised, declined to entertain the writ petition on the ground that the respondent was an authority within the State of Tamil Nadu and therefore the appropriate Court to challenge the order issued by the said authority would be the jurisdictional High Court, that is, the Madras High Court.
5. Without going onto the question as to the jurisdiction of this Court, since the notice issued which is impugned in the writ petition was issued by an authority in the State of Tamil Nadu, it would not be apposite for this Court to entertain the writ petition.
6. In view of the above, the present appeal is disposed of with the observation that the appellant would not be precluded from
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availing its remedies before the concerned jurisdictional High Court, that is, the Madras High Court.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 1 Sl No.: 5