IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21643 OF 2019 (GM-POLICE) BETWEEN:
ANAND S/O. K. RAMU AGED ABOUT 42 YEARS PROPRIETOR OF SANTHOSH JEWELLERS NO.575, OPP: KANNIKAPARAMESHWARI TEMPLE, ASHOKA ROAD MYSURU – 570 001 … PETITIONER (BY SRI. L.B. LOKANATH, ADV.-ABSENT) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU – 560 001 3. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU CITY BENGALURU – 560 001 4. THE SUB INSPECTOR KONANAKUNTE POLICE STATION BENGALURU – 560 062 … RESPONDENTS (BY SRI. VIJAY KUMAR A PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO R-3 TO CONSIDER THE REPRESENTATIONS DATED 10.05.2019 TO TAKE ACTION AGAINST THE STAFF OF R-4 FOR THEIR ILLEGAL ACT AGAINST THE PETITIONER ARE PRODUCED AT ANNEXURES- ‘B’, ‘C’ & ‘D’ RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ in the nature of mandamus to direct the Respondents 1 to 3 to consider the representations dated 10.05.2019 to take action against the staff of 4th Respondent for their illegal act against the petitioner (produced at Annexures-B, C and D respectively);
b) Issue a writ in the nature of mandamus to direct the 4th respondent - Sub-Inspectors, Konanakunte Police Station, Bengaluru to follow the Circular issued by the 2nd respondent dated 19.02.2008 in No.JC/SHRC/2007 (produced at Annexure-A).
3. When the matter was taken up today, learned Additional Government Advocate submitted that the petitioner in fact has an alternative and efficacious remedy to approach the Police Complaints Authority under Section 20(c) of the Karnataka Police Act.
4. In view of aforesaid submission, the Writ petition is disposed of with a direction to the petitioner to submit a representation to the Police Complaints Authority. Needless to state in case such a representation is available, the same shall be dealt with by the Police Complaints Authority in accordance with law.
Accordingly, the Petition is disposed of.
BNV Sd/- JUDGE