IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.50021 OF 2019 (GM-*POLICE) BETWEEN:
SRI. GOURAV BHANDARI S/O. U C BHANDARI, AGED ABOUT 38 YEARS, PARTNER HILLS BORAG COUNTY, NO. 17, 4TH FLOOR, SHAH SULTHAN BUIDLING, ALI ASKAR ROAD, BANGALORE 560052 ... PETITIONER (BY SRI. R.HEMANTH RAJ, ADVOCATE) AND:
1 . STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001 2 . THE DEPUTY SUPERINTENDENT OF POLICE CHICKABALLAPURA SUB DIVISION, CHICKABALLAPURA DISTRICT-562101 *Correction carried out vide chamber order dated 13.11.2019.
3 . THE STATION HOUSE OFFICER CHICKABALLAPURA RURAL POLICE STATION, CHICKABALLAPURA 562101 4 . DR. ALEX JOSEPH S/O. JOSEPH, AGED ABOUT 45 YEARS R.AT NO. 112, THOM STREET, OAKADALE, LOUISIANA USA 71463 5 . SMT. BINITHA JOSEPH W/O ALEX JOSEPH, AGED ABOUT 45 YEARS, R/AT NO. 112, THOM STREET, OAKADALE, LOUISIANA USA 71463 ... RESPONDENTS (BY SRI. M.VINOD KUMAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POLICE ENDORSEMENT DATED 13.10.2019 ISSUED BY THE R2 VIDE ANNEXURE A TO THE WRIT PETITION & DIRECT THE R2 AND 3 TO REFRAIN FROM INTERFERING IN THE CIVIL MATTER OF THE PETITIONER AND WIFE OF THE R4 & ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought to quash the police endorsement dated 13.10.2019 for enquiry on the basis of the complaint registered by respondent no.4. It is stated by the learned counsel for the petitioner that respondent no.3 police from their cell phone have been threatening the petitioner to visit the Police Station immediately. Therefore petitioner is before this court for the relief sought for.
2. Sri. Vinod Kumar, the learned AGA, on instructions from respondents 1 to 3, in particular respondent no.3 submits that on the basis of the complaint made by respondent no.4, respondent no.3 has already registered a complaint before the Nandi Police Station against the petitioner for the offences under the provisions of Sections 406 and 420 IPC and investigation is under progress. Notice is issued only for enquiry and respondent no.3 never threatened the petitioner as alleged. The said submission is placed on record.
3. In view of the above, it is clear that the endorsement issued only for enquiry, it is for the police to investigate in accordance with law. Therefore, the prayer sought in the present petition is not maintainable. Accordingly writ petition is dismissed. However, it is open for the petitioner to proceed in accordance with law.
SD/- JUDGE sd/-