High Court of Karnataka Directs Police to Issue Notice Before Summoning Rowdy Sheeter for Enquiry or Investigation. Petitioner sought direction for prior notice under Articles 226 and 227 of Constitution of India; Court held that police must issue written notice specifying purpose and date before requiring appearance.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 13:25:29

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Case Note & Summary

The petitioner, Sunil Kumar @ Silent Sunil, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to all officers of the Karnataka State Police Department to issue a notice to him whenever his appearance is required for the purpose of enquiry or investigation. The petitioner contended that as per police records, he has been termed a 'rowdy sheeter'. He stated that the Yelahanka Police Station registered a suo motu case on 20.02.2017 in Crime No.58/2017 for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 and Sections 30 and 27 of the Arms Act, 1959. The petitioner was not named as an accused in that case. The court considered the petitioner's grievance that he was being summoned without prior notice. The court observed that while the police have the power to summon any person for investigation, they must issue a notice in writing specifying the purpose and date of appearance. The person summoned is entitled to be informed of the reason for the summons. Accordingly, the court disposed of the petition with a direction to the police to issue a notice before summoning the petitioner for any enquiry or investigation.

Headnote

A) Criminal Procedure - Police Powers - Notice Before Summons - Right to Fair Procedure - Constitution of India, 1950, Articles 226 and 227 - Petitioner, termed a 'rowdy sheeter', sought direction that police issue notice before requiring his appearance for enquiry or investigation - Court held that while police have power to summon for investigation, they must issue a notice in writing specifying the purpose and date, and the person summoned is entitled to be informed of the reason - Held that the petition is disposed with direction to police to issue notice before summoning the petitioner (Paras 1-3).

Issue of Consideration

Whether a person branded as a 'rowdy sheeter' is entitled to a prior notice before being summoned by police for enquiry or investigation.

Final Decision

The petition is disposed of with a direction to the police to issue a notice to the petitioner before summoning him for any enquiry or investigation.

Law Points

Right to notice before police enquiry
Police power to summon for investigation
Rowdy sheeter rights

Case Details

2025 LawText (KAR) (12) 45

WP No. 18789 of 2019 (GM-POLICE)

2025-12-04

R. Nataraj

Mayur D Bhanu, Shamanth Gowda J., Charan N.S., Mahantesh Shattar

Sunil Kumar @ Silent Sunil

State of Karnataka, Mr. Alok Kumar

Nature of Litigation

Writ petition seeking direction to police to issue notice before summoning petitioner for enquiry or investigation.

Remedy Sought

Direction to all officers of Karnataka State Police Department to issue a notice to the petitioner whenever his appearance is required for enquiry or investigation.

Filing Reason

Petitioner, termed a 'rowdy sheeter', was summoned by police without prior notice.

Issues

Whether a person branded as a 'rowdy sheeter' is entitled to a prior notice before being summoned by police for enquiry or investigation.

Submissions/Arguments

Petitioner contends he is termed a 'rowdy sheeter' and was not named as accused in Crime No.58/2017, but police summon him without notice.

Ratio Decidendi

Police have the power to summon any person for investigation, but they must issue a notice in writing specifying the purpose and date of appearance, and the person summoned is entitled to be informed of the reason.

Judgment Excerpts

The petitioner has sought for a direction to all the officers of the Karnataka State Police Department to issue a notice to him whenever his appearance is needed for the purpose of enquiry or investigation. The petitioner contends that as per the records maintained by the Police, he has been termed as a 'rowdy sheeter'. The Yelahanka Police Station registered a suo motu case on 20.02.2017 in Crime No.58/2017 for the offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 and Sections 30 and 27 of the Arms Act, 1959.

Procedural History

Petitioner filed WP No. 18789 of 2019 under Articles 226 and 227 of the Constitution of India seeking direction for notice before summons. The petition was heard and disposed of on 04.12.2025.