IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47600 OF 2018 (GM-POLICE) BETWEEN:
A.G. AJITH KUMAR S/O A P GIRIVASAN AGED ABOUT 40 YEARS OCC: BUSINESS, R/AT NO.100 ”RAMESH NIVAS”, 12TH CROSS RAMMURTHI NAGAR BANGALORE 560016.
(BY MR. ANEES ALI KHAN, ADV.) AND:
1. STATE OF KARNATAKA HOME DEPARTMENT BY ITS SECRETARY BANGALORE 560001.
2. THE ADDITIONAL COMMISSIONER OF POLICE (CRIME) NO. 1, INFANTRY ROAD BANGALORE 560001.
3. THE POLICE INSPECTOR CCB (OCW), N.T. PET BANGALORE-560002.
4. THE POLICE INSPECTOR CCB (OCW), N.T. PET, BANGALORE.
5. THE POLICE INSPECTOR CCB (OCW), N.T. PET BANGALORE-560002.
… PETITIONER 6. THE ASSISTANT COMMISSIONER OF POLICE CCB (OCW), N.T. PET BANGALORE-560002.
… RESPONDENTS (BY MR. VIJAY KUMAR A. PATIL, AGA) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO 6 TO COMPENSATE THE PETITIONER FOR DETAINING HIM FROM 1.30 p.m. TO 6 p.m OF 09.10.2018 FROM 2.p.m. TO 5 p.m OF 10.10.2018, FROM 12.30 p.m TO 5 p.m. OF 11.10.2018 FOR NO FAULT OF HIS AT THE BEHEST OF R-2 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Anees Ali Khan, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned AGA for respondents.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner is seeking for a writ of mandamus directing respondent Nos.3 to 6 to compensate the petitioner for detaining him from 1.30 p.m. to 6.00 p.m. of 9/10/2018, from 2 p.m. to 5.p.m. of 10/10/2018, From 12.30 p.m. to 5 p.m. of 11/10/2018 for no fault of his, at the behest of respondent No.2.
4. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted liberty to approach the police complaint authority with regard to his grievance.
5. In view of the submission made and in the facts of the case, I deem it appropriate to dispose of the petition with liberty to the petitioner to approach the police complaint authority under the Karnataka Police Act with regard to the grievance raised by the petitioner. Needless to state that in case the petitioner approaches the aforesaid authority, appropriate action to deal with the petitioner shall be taken in accordance with law by the competent authority. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS