IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No. 58046 of 2018 (gm-police) Between :
SMT. RESHMA JABEEN WIFE OF ABDUL MANAN AGED ABOUT 39 YEARS SECRETARY, BLUE BELL SCHOOL DARVESH MOHALLA AMMVARPET CIRCLE KOLAR-563101 (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY.
2. THE INSPECTOR GENERAL OF POLICE CENTRAL RANGE MILLERS ROAD BENGALURU - 560 001.
3. THE INSPECTOR OF POLICE KOLAR TOWN CIRCLE KOLAR - 563 101.
... PETITIONER 4. THE SUB INSPECTOR OF POLICE GULPET POLICE STATION KOLAR - 563 101.
5. NAGESH S SON OF SHIVANNA RESIDING AT VEMGAL VILLAGE KOLAR TALUK.
(BY SRI.VIJAYKUMAR. A PATIL AGA FOR R1-R4 ) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 4 TO REGISTER A CASE AGAINST THE R-5 ON THE BASIS OF THE COMPLAINT DATED 10.10.2018 PRODUCED AT ANEXURE-A AND ALSO COMPLAINT DATED 4.12.2018 PRODUCED AS ANNEXURE-B BY ISSUING WRIT OF MANDAMUS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner seeks direction to the jurisdictional police, who are respondent Nos.3 and 4, to register a complaint against respondent No.5 on the basis of her complaints dated 10.10.2018 and 04.12.2018.
2. The petitioner contends that the relationship with her husband is estranged and both of them are living separately. But, her husband to harass her has stolen different movable properties including certain records and computer from her residence while walking out of the matrimonial home and he has setup respondent No.5 to initiate multiple proceedings under Section 138 of the Negotiable Instruments Act, 1881. The petitioner is facing harassment and demand of extraction of money. She has lodged complaints in this regard with the respondent Nos.3 and 4, but they have not initiated any action.
3. Sri Vijayakumar A. Patil, the learned Additional Government Advocate, who accepts notice for the respondent Nos.1 to 4, submits that he has instructions from the respondent No.4 that respondent No.4, after receipt of the complaints, has summoned a certain Mohammed Saleem and he is conducting preliminary enquiry as regards cognizable offences that could be committed. Further, if any culpable offence is indeed made out, the respondent No.4 will initiate necessary proceedings as required under the penal law.
4. These submissions are taken on record and the writ petition is disposed of.
SD/- JUDGE SA