IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51916 OF 2017 (GM-POLICE) BETWEEN:
KUNAL GAJWANI S/O SHYAM GAJWANI AGED ABOUT 37 YEARS, MAJOR R/O. PHILIPS INNOVATION CAMPUS MANYATHA TECH PARK NAGAVARA, BANGALORE-560 045.
(BY SMT. ANITHA KIRAN KATARIYA, ADV.) AND:
1. SUPERINTENDENT OF POLICE CYBER CRIME POLICE OFFICE 147, INFANTRY ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU KARNATAKA-560 001.
2. COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD VASANTH NAGAR BENGALURU KARNATAKA-560 051.
3. DIRECTORATE GENERAL AND INSPECTOR GENERAL OF POLICE N.R. ROAD, BENGALURU-560 001.
4. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME … PETITIONER VIKASA SOUDHA BENGALURU-560 001.
(BY MR. VIJAY, ADV., FOR R1 TO R4) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 ADN 2 TO REGISTER FIRST INFORMATION REPORT ON THE INFORMATION/COMPLAINT FORWARDED BY THE PETITIONER AGAINST MS.POOJA KHILNANI, MR.RAJ KHILNANI, MRS. MEENA KHILNANI, MR.DIVYE KHILNANI AND CONDUCT INVESTIGATION AS PER ANNEXURE-D DTD:31.10.2017 & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to respondent No.1 and respondent No.2 to register First Information Report on the information/complaint forwarded by the petitioner against Ms.Pooja Khilnani, Mr.Raj Khilnani, Mrs.Meena Khilnani, Mr.Divye Khilnani and conduct investigation as per Annexure-D dated 31.10.2017.
2. In view of the law laid down by the Supreme Court in the case of ‘LALITA KUMARI VS.
GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, I deem it appropriate to dispose of the writ petitions with a direction to the concerned jurisdictional police to take an action, if not already taken, in accordance with law on the complaint which is submitted by the petitioners within a period of one month from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS