IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3077 OF 2018 (GM-POLICE) BETWEEN:
SRI. B. S. JAGANNATH S/O. SRI. SONNAPPA, AGED ABOUT 38 YEARS, ADVOCATE, ASHOKA ROAD, SIDDALAGHATTA TOWN, CHICKBALLAPURA DISTRICT – 571 465 (BY SRI. R. GEORGE LAZARUS, ADV.) AND:
1. THE DEPUTY COMMISSIONER OF POLICE, CHIKKABALLAPURA, CHIKKABALLAPURA – 562 101 … PETITIONER 2. THE STATION HOUSE OFFICER SIDDLAGHATTA TOWN P.S., SIDDLAGHATTA, CHIKKABALLAPURA DISTRICT – 571 465.
3. SRI. M. PAPEREDDY S/O. SRI. MARAPPA, ADVOCATE, SIDDLAGHATTA TOWN, CHIKKABALLAPURA TALUK AND DISTRICT – 571 465 4. SRI. VENKATESHA BABU S/O. SRI. KAMA REDDY, MAJOR, ADVOCATE, SIDDLAGHATTA TOWN, CHICKBALLAPURA DISTRICT – 571 465 … RESPONDENTS (BY SRI.VIJAY KUMAR A. PATIL, AGA FOR R1 & R2;
SRI. S. SHANKARAPPA, ADV. FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 & R2 TO REGISTER AN FIR AGAINST THE R3 & R4 ON THE COMPLAINT LODGED BY THE PETITIONER AT ANNEXURE C AND C1, DATED 22.09.2017 IN RESPECT OF THE SAME INCIDENT IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to respondent Nos.1 and 2-Police to register an FIR against respondent Nos.3 and 4 on the complaint lodged by the petitioner at Annexure-C and C1 dated 22.09.2017 in respect of the same incident in accordance with law.
2. When the matter was taken up today, learned Additional Government Advocate has filed a memo by which endorsement is said to be placed on record by which the petitioner has been informed that the First Information Report cannot be lodged.
3. In view of the aforesaid endorsement produced by the learned Additional Government Advocate, writ petition is disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under law with regard to his grievance.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, writ petition is disposed of.
Mds/-
Sd/- JUDGE