Karnataka High Court
Asshar Ahamed Aboobacker vs The Secretary on 1 December, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:50403
WP No. 27854 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 27854 OF 2025 (GM-POLICE)
BETWEEN:
ASSHAR AHAMED ABOOBACKER
AGED ABOUT 34 YEARS,
S/O LATE M.B. ABOOBACKER,
NO. AL-ARFA 8-45/1, KATLA KAAN
ROAD IDDYA, SURATHKAL POST,
MANGALORE,
DAKSHINA KANNADA- 575 014
...PETITIONER
(BY SRI. ASHA K, ADVOCATE)
AND:
1. THE SECRETARY
TO THE GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560001.
Digitally signed
by SHWETHA 2. THE DEPUTY COMMISSIONER
RAGHAVENDRA OF POLICE, BENGALURU CITY-
Location: HIGH
COURT OF WEST DIVISION,
KARNATAKA BENGALURU - 560004.
3. THE INSPECTOR OF POLICE,
BYATARAYANAPURA POLICE STATION,
BENGALURU - 560026.
...RESPONDENTS
(BY SMT.K.P.YASHODHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT,
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NC: 2025:KHC:50403
WP No. 27854 of 2025
HC-KAR
DIRECTING THE RESPONDENTS NOT TO HARASS THE
PETITIONER IN ANY MANNER IN CONNECTION WITH CRIME
NO. 187/2025 VIDE ANNX-ADIRECT THE RESPONDENTS TO
IMMEDIATELY RETURN THE PETITIONERS MOBILE PHONE
ILLEGALLY TAKEN AWAY DIRECT A SENIOR POLICE OFFICER
NOT BELOW THE RANK OF ACP/DCP TO INQUIRE INTO THE
CONDUCT OF THE POLICE OFFICIALS OF BYATARAYANAPURA
POLICE STATION ON 02.09.2025 AND TAKE DEPARTMENTAL
ACTION
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
a. "Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents not to harass the petitioner in any manner in connection with Crime No.187/2025 vide Annexure-A;
b. Direct the respondents to immediately return the petitioner's mobile phone illegally taken away.
c. Direct a senior police officer not below the rank of ACP/DCP to inquire into the conduct of the police officials of Byatarayanapura Police Station on
02.09.2025 and take departmental action. d. To pass such other order(s) as deemed fit in the interest of justice and equity." -3-
NC: 2025:KHC:50403 WP No. 27854 of 2025 HC-KAR
2. Though without a warrant, the respondent police have seized the mobile phone of the petitioner by conducting a mahazar and produced it before the Court seized of in Crime No.187/2025.
3. Learned counsel for the petitioner submitted that an application for return of the mobile phone has been made in the said proceedings and order has been passed.
4. Learned AGA submitted that if the order copy is furnished to them, the mobile phone would be immediately returned back to the petitioner.
5. The respondent police could be well-advised to refer to the decision of this Court in the case of Virendra Khanna Vs. State of Karnataka1 and not to seize mobile phones without a warrant being issued in 1 reported in AIRONLINE 2021 KAR 525 -4- NC: 2025:KHC:50403 WP No. 27854 of 2025 HC-KAR respect thereto, as categorically directed in that matter.
6. The first respondent as also the Director General of Police, State of Karnataka has directed to forward a copy of such judgment both in English and in a translated version in Kannada to all the concerned Investigating officers and to file a compliance affidavit within 4 weeks from today.
7. Though the above petition is disposed of, for considering compliance affidavit, re-list on 28.01.2026.
SD/-
(SURAJ GOVINDARAJ) JUDGE SSD List No.: 1 Sl No.: 78