Joseph Tharakan v. State of Karnataka - Writ Petition

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 4, Cited by 0 ] ### Karnataka High Court

Mr P G Joseph Tharakan vs State Of Karnataka on 23 March, 2026

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

-1-
NC: 2026:KHC:16205
WP No. 2168 of 2026

             HC-KAR

                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 23RD DAY OF MARCH, 2026

                                         BEFORE
                    THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                       WRIT PETITION NO. 2168 OF 2026 (GM-RES)
            BETWEEN:

            MR P G JOSEPH THARAKAN
            S/O. LATE GEORGE THARAKAN,
            AGED ABOUT 60 YEARS,
            RESIDING AS PER CHARGESHEET AT
            'JAREIN MANSION', AQUEM,
            MARGAO, GOA - 403601.
            RESIDING AS PER CHARGESHEET ALSO AT
            YURI GAGARIN STREET, NO. 117/40,
            NEW BELGRADE, SERBIA.
            ACTUALLY RESIDING AT
            SHEIKHA LATIFA BUILDING,
            FLAT NO. 210, BANIYAS ROAD,
            DEIRA, DUBAI, U.A.E.
                                                               ...PETITIONER
            (BY SRI. B.K.SAMPATH KUMAR, SENIOR COUNSEL APPEARING FOR
                SRI. SURAJ SAMPATH , ADVOCATE)

Digitally AND:
signed by
CHANDANA
BM 1. STATE OF KARNATAKA
Location: REPRESENTED BY
High Court of THE HULIMAVU POLICE STATION,
Karnataka REPRESENTED BY THE S.P.P.,
HIGH COURT BUILDING,
AMBEDKAR VEEDI,
BANGALORE - 560 001.

            2.     CENTRAL BUREAU OF INVESTIGATION (CBI),
                   ASSISTANT DIRECTOR (NCB),
                   INTERNATIONAL POLICE COOPERATION UNIT ([IPC](https://indiankanoon.org/doc/1569253/) U),
                   PLOT NO. 5-B, 6TH FLOOR, A-WING,
                   CGO COMPLEX,
                   NEW DELHI-110 003.
                            -2-
                                         NC: 2026:KHC:16205
                                       WP No. 2168 of 2026

HC-KAR

1. MINISTRY OF PERSONNEL,
   PUBLIC GRIEVANCES AND PENSIONS,
   DEPARTMENT OF PERSONNEL AND TRAINING
   MINISTRY OF PERSONNEL, P.G. A PENSIONS,
   GOVERNMENT OF INDIA, NORTH BLOCK,
   NEW DELHI - 110 001.

2. INTERNATIONAL CRIMINAL POLICE ORGANIZATION
   (INTERPOL), GENERAL SECRETARIAT,
   200, QUAI CHARLES DE GAULLE,
   69006, LYON FRANCE.

3. THE UNION OF INDIA
   MINISTRY OF EXTENAL AFFAIRS
   REPRESENTED BY ITS SECRETARY
   PATTLA HOUSE ANNEXE, TILAKMARG
   NEWDELHI - 110 001.

4. DUBAI POLICE
   UNITED ARAB EMIRATES,
   REPRESENTED BY THE COMMANDER-IN-
   CHIEF OF DUBAI POLICE
   DUBAI POLICE GENERAL HEADQUARTERS
   AI TIWAR1, DEIRA, DUBAI, DUBAI MUNICIPALITY
   UNITED ARAB EMIRATES

5. MINISTRY OF INTERIOR
   UNITED ARAB EMIRATES
   REPRESENTED BY ITS MINISTER
   ZAYED SPORT CITY, ARAB GULF STREET
   NEAR TO SHAIKH ZAYED MOSQUE
   ABU DHABI, UNITED ARAB EMIRATES.

6. MR. R. JAYVELU
   S/O MR. RAMAMURTHY
   AGED ABOUT 68 YEARS.
   R/AT NO. 501/A4, 9TH MILE STONE
   HULIMAVU
   BENGALURU - 560 012.
   (AMENDMENT CARRIED OUT
   AS PER ORDER DATED: 13.03.2026)
   ...RESPONDENTS
   (BY SRI. M.R.PATIL, HCGP FOR R-1
   SRI. P. PRASANNA KUMAR, ADVOCATE FOR R-2
   SRI. C.V.NAGESH, SENIOR COUNSEL APPEARING FOR
   SRI. DARSHAN.R, ADVOCATE FOR R-8
   SRI. H. MALLAN GOUD, CGSC FOR R-3 & R-5)
   -3-
   NC: 2026:KHC:16205
   WP No. 2168 of 2026

HC-KAR

  THIS W.P IS FILED UNDER [ARTICLES 226](https://indiankanoon.org/doc/1712542/) AND [227](https://indiankanoon.org/doc/1331149/) OF THE

CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS PRAYING TO
QUASHING THE IMPUGNED ORDER DATED 09.09.2024 IN C.C. NO.
15645/2024 (ANNEXURE -A) PASSED BY THE HON'BLE III ADDITIONAL
CHIEF JUDICIAL MAGISTRATE AT BANGALORE.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                       ORAL ORDER In this petition, the petitioner seeks the following reliefs:

" i) Issue & Writ of Certiorari or any other
appropriate wit, order or direction quashing the impugned
Order dated 09.09.2024 in C.C. No. 15645/2024 (Annexure
A) passed by the Hon'ble 111 Additional Chief Judicial
Magistrate at Bangalore.

ii) Consequently, issue a Writ of Mandamus or
any other appropriate order or direction directing the 2nd
Respondent to request the 4th Respondent to immediately
cancel the Red Corner Notice issued against the Petitioner
(Annexure L) or alternatively, direct the 4thRespondent to
immediately cancel the Red Corner Notice issued against
the Petitioner (Annexure L).

iii) Declare that the subordinate Courts in the State of
Karnataka, Including the Hon'ble III Additional Chief
Judicial Magistrate at Bangalore, have no power to issue
INTERPOL Notices and/or directions to the 4th
Respondent.
-4- NC: 2026:KHC:16205 WP No. 2168 of 2026 HC-KAR

iv) Lay down guidelines for the 1 Respondent Police
if it wants to raise a request in future for an INTERPOL
Red Corner Notice through the 2nd Respondent.

v) Direct payment of just and suitable compensation
and costs, jointly and severally by the Respondents to the
Petitioner.

vi) Grant such other reliefs as this Hon'ble Court
deems fit considering the facts and circumstances of the
case, in order to meet the e justice."

1. Heard learned Senior counsel for the petitioner,

learned HCGP for respondent No.1, learned counsel for

respondent No.2, learned CGSC for respondent Nos.3 and 5 and

learned Senior counsel for respondent No.8 and perused the

material on record.

1. Learned Senior counsel for the petitioner would

reiterate the various contentions urged in the petition and referred

to the material on record in order to contend that the impugned

order at Annexure-A dated 09.09.2024 passed by the Trial Court

directing issuance of red corner notice against petitioner-accused

No.2 is illegal, arbitrary and without jurisdiction or authority of law

especially, in the absence of any statutory provision, rules or

regulations in the Code of Criminal Procedure (Cr.P.C.) or -5- NC: 2026:KHC:16205 WP No. 2168 of 2026 HC-KAR

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which

empowers, enables or authorises the learned Magistrate to issue

such a red corner notice which deserves to be quashed. It is also

submitted that the impugned order directing issuance of the

consequent open dated warrant in English format as against the

petitioner - accused No.2 also consequently deserves to be

quashed.

1. Per contra, learned Senior Counsel for respondent

No.8 as well as learned counsel for the remaining respondents

would jointly submit that there is no merit in the petition and the

same is liable to be dismissed.

1. As rightly contended by the learned Senior counsel for

the petitioner, there is no provision in the Cr.P.C or BNSS, 2023 or

any other statutory provision, rules or regulations, which enabled,

empowered or authorised the learned Magistrate to pass the

impugned order directing issuance of the red corner notice as

against the petitioner as directed in the impugned order which is

clearly illegal, arbitrary and without jurisdiction or authority of law

and as such, the impugned order and red corner notice deserve to -6- NC: 2026:KHC:16205 WP No. 2168 of 2026 HC-KAR

be quashed to the said extent. So also, the consequent open dated

warrant in English format issued as against the petitioner on the

basis of the impugned red corner notice also deserves to be

quashed subject to certain directions to be issued to the petitioner

and respondents.

1. At this stage, learned Senior Counsel for the petitioner

submits that the remaining prayer sought for in the petition would

not be pressed for the present and his submission is placed on

record.

1. In the result, I pass the following:

ORDER

(i) The petition is partly allowed.

(ii) The impugned order dated 09.09.2024 insofar as it

relates to issuance of red corner notice against the petitioner-
accused No.2, passed in C.C.No.15645/2024 by the III Additional

Chief Judicial Magistrate, Bengaluru is hereby quashed.

(iii) Consequently, the impugned order insofar as it relates

to issuing open dated warrant at Annexure-L as against the

petitioner-accused No.2 is also hereby quashed, subject to the

petitioner appearing before the Trial Court in C.C.No.15645/2024

on 27.04.2026.

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NC: 2026:KHC:16205 WP No. 2168 of 2026 HC-KAR

(iv) Respondent No.2 - the Central Bureau of Investigation

(CBI) is directed to inform respondent No.4 - International Criminal

Police Organization (INTERPOL) about the present order to give

effect to and implement the same as well as to enable compliance

of this order and to ensure that the petitioner appears before the

Trial Court on 27.04.2026 as stated supra.

(v) Similarly, respondent No.3 - Ministry of Personnel,

Public Grievances and Pensions and respondent No.5- the Union

of India, Ministry of External Affairs is directed to inform/intimate

respondent Nos.6 and 7 - the Dubai Police and Ministry and

authorities at Dubai, United Arab Emirates, about the present order

to give effect to and implement the same as well as to enable

compliance of this order and to ensure that the petitioner appears

before the Trial Court on 27.04.2026 as stated supra.

Hand delivery of this order is permitted.

Sd/-

(S.R.KRISHNA KUMAR)
JUDGE

BMC
List No.: 2 Sl No.: 0