IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13836 OF 2017 (GM-POLICE) BETWEEN:
MR. ALPHONSE RAJ KUMAR, AGED ABOUT 40 YEARS, S/O. LATE KANIKYASWAMI, RESIDING AT #336, BYRATHI, KOTTHANOOR POST, BANGALORE-560 077.
(BY MR.K.N.PRAVEEN KUMAR, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE, BENGALURU CITY, BENGALURU-560 009.
3. THE STATION HOUSE OFFICER, KOTHANUR POLICE STATION, KOTHANUR POST, BENGALURU-560 077, BENGALURU RURAL DISTRICT.
4. SRI. KRISHNAPPA FATHERS NAME NOT KNOWN, MAJOR, FORMER INSPECTOR OF POLICE, … PETITIONER KOTHANOOR POLICE STATION, PRESENTLY ATTACHED TO THE OFFICE OF THE COMMISSIONER OF POLICE, BENGALURU CITY, BENGALURU-560 009.
5. MR. JOSEPH, AGED ABOUT 44 YEARS, S/O. LATE KANIKYASWAMI, RESIDING AT GADDALA HALLI, KOTHANOOR POST, BENGALURU-560 077, 6. MRS. SOWMYA MARY, AGED ABOUT 28 YEARS, W/O. MR. JOSEPH, RESIDING AT GADDALA HALLI, KOTHANOOR POST, BENGALURU-560 077.
… RESPONDENTS (BY MR. VIJAYKUMAR A.PATIL, AGA FOR R-1 TO 3 MR. J.PRAKASH, ADV FOR R-5 AND 6, R-4 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 3 TO TAKE STATUTORY, LEGAL AND APPROPRIATE AND NEEDFUL ACTION ON THE COMPLAINTS GIVEN BY THE PETITIONER DTD 25.01.2017, 23.02.2017 AND 28.02.2017 VIDE ANNX-A TO C RESPECTIVELY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.K.N.Praveen KUmar, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Mr.J.Prakash, learned counsel for respondent Nos.5 and 6.
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 mandamus directing respondent Nos.1 to 3 to take statutory, legal and appropriate and needful action on the complaints given by the petitioner dated 25.01.2017, 23.02.2017 and 28.02.2017, contained in Annexure C.
4. Learned counsel for the petitioner submitted that he be granted liberty to take recourse to the police complaint authority constituted under the Karnataka Police Act, 1963 with regard to the grievance raised in the petition.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner to approach the competent authority. Needless to state that in case, the petitioner approaches the authority, the aforesaid authority shall deal with the grievance of the petitioner expeditiously after affording an opportunity of hearing to all the necessary parties.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS