IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.11709 OF 2019 (GM-POLICE) BETWEEN:
Padmanabhan S/o Natesh Aged about 32 years R/at No.24-20A, Majal House, Moodabettu, Kodavoor post, Udupi Taluk & District-576101. (By Sri. Chandrashekar, Adv.) AND:
1. The Police Inspector Bajpe Police Station Bajpe, Mangaluru-574142.
2. The Police Sub-Inspector Bajpe Police Station, Bajpe, Mangaluru-574142.
(By Sri.Vijaykumar A.Patil, AGA) …PETITIONER ...RESPONDENTS This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the Respondents to release the petitioner Tipper Lorry Bearing Reg.No.KA- 20B-1896 parking in front of the Respondent-Police Station and to consider the legal notice dated 28.02.2019 vide Annexure-B.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:-
ORDER Sri. Chandrashekar, learned Counsel for the Petitioner.
Sr. Vijay Kumar. A. Patil, learned Additional Government Advocate for the Respondents.
Petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner interalia seeks a direction to the Respondents to release the petitioner’s Tipper Lorry bearing Registration No. KA-
20B-1896 parked in front of the police station along with keys.
3. When the matter is taken up today, learned Additional Government Advocate submitted that since the petitioner was carrying sand without permit, therefore, on the basis of the instructions of the Mines Department, the police authorities had stopped the vehicle of the petitioner. It is further submitted that subsequently, the Mines Department had filed a private complaint against the petitioner in relation to the incident of carrying sand without permit.
4. In view of the aforesaid submission, learned counsel for the petitioner submits that he be granted liberty to file an application before the concerned Magistrate under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short).
5. In view of the aforesaid submission, the writ petition is disposed of with a direction that incase, the petitioner files an application under Section 451 of the Code, the aforesaid application shall be dealt with in accordance with law by the Magistrate expeditiously.
Sd/- JUDGE Srl.