IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47930 OF 2015 (GM-POLICE) BETWEEN:
C. H. KRISHNAMURTHY S/O. HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/O. ALADAHALLI SOMENAKOPPA, HOLALURU HOBLI, SHIVAMOGGA TALUK AND DISTRICT – 577 201 (BY SRI. CHANDRASHEKAR AND SRI. NAGESH M., ADVOCATES) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001 BY ITS SECRETARY 2. THE DEPUTY INSPECTOR GENERAL OF POLICE EAST DIVISION, DAVANGERE – 577 501 3. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 201 4. KUMARASWAMY, WORKING AS A … PETITIONER CIRCLE INSPECTOR OF POLICE, SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA – 577 201 5. SRINIVAS CHETTY WORKING AS A ASSISTANT SUB-INSPECTOR OF POLICE, SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA – 577 201 6. M. N. RUDRAPPA S/O. NANDYAPPA, AGED ABOUT 52 YEARS, R/O NEAR ANJANEYA TEMPLE, NAVALE, SHIVAMOGGA – 577 201 … RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R3; SRI. G. C. SHANMUKHA, ADV. FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 11.12.2014 VIDE ANNEXURE-H ISSUED BY THE R-3 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Chandrashekar and Sri. Nagesh M., learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Sri. G.C. Shanmukha, learned counsel for respondent No.6.
In this petition, petitioner inter alia has assailed the validity of the endorsement dated 11.12.2014 issued by respondent contained in Annexure-H, by which the petitioner has been informed that the dispute is of civil nature.
2. When the matter was taken up today, learned Additional Government Advocate for respondent Nos.1 to 3 submitted that the petitioner has already filed a civil suit as well as a private complaint.
3. In view of the aforesaid submission, the petition is disposed of with a liberty to the petitioner to prosecute the complaint filed by him.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE Mds/-