IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.46165 OF 2018(GM POLICE) BETWEEN:
M/S.DHARAMSHI RESORTS PVT. LTD., OFFICE:No.33, KOMAL MANSION MTB ROAD, NEAR MINERVA CIRCLE BENGALURU – 560 002 REPRESENTED BY IT’S AUTHORIZED REPRESENTIVE AND MANAGING DIRECTOR MR.KHUSHALCHAND D. SHAH ... PETITIONER (BY SRI ARJUN R.KHOT, ADVOCATE – ABSENT) AND 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER NELAMANGALA POLICE STATION NELAMANGALA.
2. SHRI KUSHENDRA D DHARAMSHI AGED ABOUT 56 YEARS S/O LATE SHRI DHANJI KALYANJI SHAH, RESIDING AT FLAT No.10 3RD FLOOR, No.9 MODEL HOUSE ROAD, BASAVANGUDI BENGALURU.
... RESPONDENTS (BY SRI B BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE DIRECTING THEM TO FILE REPORT AS EARLY AS POSSIBLE BEFORE THE JURISDICTIONAL COURT AND QUASH THE ENDORSEMENT DATED 27.06.2018 ISSUED BY THE RESPODENT i.e., ANNEX-G.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.B.Balakrishna, learned Additional Government Advocate takes notice for respondent-State.
The petition is admitted for hearing.
2. In this writ petition, petitioner, inter alia, has prayed for the following reliefs:
“a) Issue the writ of mandamus or such other any direction to the Respondent police directing them to file the report as early as possible before the Jurisdictional Court in the interest of justice;
b) Issue the Writ of Certiorari quashing the endorsement dated 27.06.2018 bearing No.E4[S/HPTS/06/2018 issued by the respondent i.e. Annexure-‘G’ in the interest of justice.”
3. When the matter was taken up today, learned Additional Government Advocate submitted that B-report has been filed on 27.6.2018. In fact, remedy of the petitioner has to file Protest Petition before the concerned Magistrate.
4. Aforesaid submission is placed on record.
Accordingly, writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him.
Sd/- JUDGE ln.