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 NOs.29938-939 OF 2018 (GM-POLICE) BETWEEN:
1. ROBERT L.C.
S/O L. CHINNAPPA AGED ABOUT 45 YEARS R/AT NO. 5, 3RD CROSS ARALAPPA LAYOUT, NAGANAHALLI R.T. NAGAR POST, BENGALURU-560 032.
2. C. CHINNAPPA S/O CHOWRAPPA AGED ABOUT 45 YEARS R/AT NO. 162, 1ST MAIN ROAD NEAR CHURCH, V. NAGANAHALLI R.T. NAGAR POST, BENGALURU-560 032.
… PETITIONERS (BY MR. H. MOHAN KUMAR, ADV.) AND:
1. THE POLICE COMMISSIONER BANGALORE CITY INFANTRY ROAD BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER OF POLICE (NORTH) YESHAVANTHAPUR BENGALURU-560 022.
3. THE POLICE INSPECTOR R. T. NAGAR POLICE STATION R.T. NAGAR BENGALURU-560 032.
4. THE POLICE INSPECTOR J.C. NAGAR POLICE STATION BENGALURU-560 006.
… RESPONDENTS (BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R4) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REGISTER THE FIR AND INITIATE INQUIRY ON THE COMPLAINT MADE BY THE PETITIONERS DTD:17.5.2018 VIDE ANNEXURE-E & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.Mohan Kumar, learned counsel for the petitioner.
Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 4.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. When the matter was taken up today, learned counsel for the petitioner submits that he will furnish the copy of the complaint filed by him to concerned Police Inspector within a period of one week from the date of receipt of certified copy of the order passed today and the aforesaid authority be directed to take action on the complaint submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate submits that in case complaint is furnished by the petitioner shall be considered by the concerned Police Inspector, the aforesaid authority shall take an action in accordance with law.
5. In view of the aforesaid submissions and in view of the law laid down by the Hon’ble Supreme Court in the case of ‘LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, writ petition is disposed of with a direction to the concerned Police Inspector to take decision, if not already taken on the complaint provided by the petitioner within a period of one week 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.
Sd/- JUDGE SS