IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18408 OF 2017 (GM-POLICE) BETWEEN:
SMT PREMA W/O LATE M.MAHADEV AGED ABOUT 60 YEARS, R/AT NO.350, MARIGUDI TEMPLE ROAD, ALANAHALLI VILLAGE, SIDHARATHA LAYOUT POST, T.NARASIPURA MAIN ROAD, MYSORE - 570 010. … PETITIONER (By MR. MALLIKARJUNA SWAMY S, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA VIDHANA VEEDI BANGALORE - 560 001.
2. THE COMMISSIONER OF POLICE MYSORE CITY POLICE MYSORE - 570 010.
3. THE DEPUTY COMMISSIONER OF POLICE DEVARAJU SUB-DIVISION MYSORE - 570 010.
4. THE ASSISSTANT COMMISSIONER OF POLICE, DEVARAJU SUB-DIVISION MYSORE - 570 010.
5. THE STATION HOUSE OFFICER ALANAHALLI POLICE STATION ALANAHALLI MYSORE - 570 010.
6. THE ASSISTANT COMMISSIONER THE MAINTENANCES TRIBUNAL MYSORE - 570 010.
7. SMT. MADHUSHREE W/O LATE M.MANJU AGED ABOUT 23 YEARS R/AT NO. 350, ALANAHALLI VILLAGE SIDDHARTHA LAYOUT POST T.NARASHIPURA MAIN ROAD MYSORE - 570 010.
8. SMT. MAHADEVAMMA W/O MAHADEVAPPA AGED ABOUT 48 YEARS R/AT NO. 350, ALANAHALLI VILLAGE SIDDHARTHA LAYOUT POST T.NARASHIPURA MAIN ROAD MYSORE - 570 010.
9. SRI MAHADEVAPPA AGED ABOUT 54 YEARS R/AT NO. 350 ALANAHALLI VILLAGE SIDDHARTHA LAYOUT POST T.NARASHIPURA MAIN ROAD MYSORE - 570 010. … RESPONDENTS (By MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 6 MR. S M BABU, ADV. FOR R-7 TO 9) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 5 TO TAKE ACTION AGAINST THE R-7 TO 9 SO AS AFFORD SUITABLE PROTECTION TO THE LIFE AND PROPERTY OF THE PETITIONER BY TAKING ALL NECESSARY SAFEGUARDS AS PROVIDED UNDER SECTION 21 OF THE KARNATAKA MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT 2007 AND RULES 21 OF THE KARNATAKA MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT 2007 BY GIVING POLICE PROTECTION AND SECURITY TO THE PETITIONER AND PREVENT THE R-7 TO 9 STARTED TORTURING AND HARASSING PETITIONER AND ALSO FORCIBLY OCCUPIED FOUR ROOM AND ILLEGALLY DOOR LOCK ON RESISTANCE THE PETITIONER WERE BEATEN BY R-7 AND HIS PARENTS IN THE HOUSE OF THE PETITIONER LOCATED AT NO.350, ALANAHALLI VILLAGE, SIDDHARTHA LAYOUT POST, T.NARASIPURA MAIN ROAD, MYSORE-570010 AND TO ENSURE THAT THE R-8 AND 9 QUIT AND VACATE THE HOUSE OF THE PETITIONER THE SAID REPRESENTATION DTD.15.4.2017 VIDE ANNEX-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Mallikarjuna Swamy S., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 6.
2. The 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 for a direction to the respondents to take action on the complaint which was submitted by the petitioner.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the complaint which was submitted by the petitioner in the year 2002 was enquired into by the Station Officer and it was found that no cognizable offence has been committed by the daughter-in-law of the petitioner and a warning was issued to the private respondents to behave properly with the petitioner.
5. In view of the aforesaid submissions, nothing survives for consideration prima facie in this petition. However, needless to state that in case an occasion so arises, the petitioner shall be at liberty to take recourse to such remedy as may be available to her under the law.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV