IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12838 OF 2019 (GM-POLICE) BETWEEN:
SRI KULLE GOWDA S/O.GIDDE GOWDA AGED ABOUT 66 YEARS SINDHUVALLI VILLAGE KASABA HOBLI NANJANAGUDU TALUK – 571 301 MYSURU DISTRICT (SENIOR CITIZEN NOT CLAIMED) ... PETITIONER (BY SRI RANGASWAMAIAH R.L, ADVOCATE FOR SRI R.P.SOMASHEKARAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT M.S. BUILDING BENGALURU – 560 001 2. THE SUB-INSPECTOR OF POLICE NANJANAGUDU RURAL POLICE STATION NANJANAGUDU – 571 301 MYSURU DISTRICT. ... RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO REGISTER COMPLAINT DATED 12.02.2018 UNDER ANNEXURE-‘A’ AND TO TAKE APPROPRIATE ACTION AGAINST THE PERSONS WHO HAVE CHEATED THE PETITIONER IN ACCORDANCE WITH LAW AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Rangaswamaiah.R.L, learned senior counsel for Sri.R.P.Somashekharaiah, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Addl. Govt.
Advocate for respondents.
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 under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing Respondent No.2 to register complaint dated 12.02.2018 and to take action against the culprits.
4. Learned senior counsel for the petitioner submitted that he be granted liberty to submit a fresh complaint to the jurisdictional Police and the jurisdictional Police be directed to take a decision on the complaint which may be submitted by the petitioner.
5. On the other hand, Mr.Vijay Kumar A.Patil, learned Additional Government Advocate submits that in case petitioner submits such a complaint, it will be dealt with in accordance with law.
6. In view of the submissions made and in view of the law laid down in LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, the Petition is disposed of with liberty to the petitioner to approach the jurisdictional Police by filing a complaint and the same shall be dealt with by the jurisdictional Police in accordance with the law laid down in LALITA KUMARI’s case supra.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE BNV Ct-klv