IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12622 OF 2014 (GM-POLICE) BETWEEN:
N.MUTHAPPA RAI S/O NARAYANA RAI AGED ABOUT 58 YEARS RESIDING AT FLAT NO.7E RAJMAHAL APARTMENT 9TH MAIN, 8TH CROSS RMV EXTN., SADASHIVANAGAR BANGALORE – 560 080.
(BY MRS.GEETHA RAJ, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA BANGALORE – 560 001.
2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BANGALORE CITY BANGALORE – 560 001.
3 THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE – 560 001.
… PETITIONER (BY MR. VIJAYAKUMAR.A.PATIL, AGA ) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDETS TO PROVIDE ADEUATE POLICE PROTECTION TO THE PETITIONER AT THE COST OF THE PETTIONER SO AS TO PROTECT HIS LIFE IN ENFORCEMENT OF THE FUNDAMENTAL RIGH UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Geetha Raj, learned counsel for the petitioner. Mr.Vijaya Kumar A.Patil, learned Additional Government Advocate for respondents.
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 inter alia seeks a mandamus directing the respondents to provide police protection to the petitioner.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the representation submitted by the petitioner has already been considered and it has been found that there is no threat prospective to the petitioner.
5. In view of the aforesaid submission, learned counsel for the petitioner submitted that she be granted liberty to submit a fresh representation to the concerned Superintendent of Police and the aforesaid authority shall forward it to the concerned committee and the same shall be dealt with in accordance with law. On the other hand, learned Additional Government Advocate submitted that in case such a representation is submitted by the petitioner, same shall be dealt with in accordance with law.
6. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a liberty that in case the petitioner makes a fresh representation, the concerned superintendent of police shall consider the same expeditiously and in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS