IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.13158 OF 2019 & 14544 OF 2019 (GM-POLICE) BETWEEN:
SRI MOHAMMED AKRAM ULLA KHAN S/O LATE MOHAMMED SAMI ULLA KHAN, AGED 45 YEARS R/AT NO.8, 4TH CROSS, D STREET, JAGAJEEVANRAMANAGAR, BENGALURU SOUTH, BENGALURU-560018 (By MR.LEELADHAR H P, ADV.) AND:
1. PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, DR. AMBEDKAR ROAD, VIDHANA SOUDHA, BENGALURU-560 001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU-560 001 3. THE DEPUTY COMMISSIONER OF POLICE LAW AND ORDER, TANK BUND ROAD, BENGALURU-560 001 4. THE SUB INSPECTOR OF POLICE COTTONPET POLICE STATION, COTTONPET MAIN ROAD, BENGALURU-560053 … PETITIONER 5. THE SUB INSPECTOR OF POLICE JAGAJEEVANARAMA NAGAR, JJR NAGAR, POLICE STATION, BENGALURU-560026 (By MR.VIJAYKUMAR A PATIL, AGA - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE STATION HOUSE OFFICER JJ NAGAR POLICE STATION TO REGISTER A CASE IN RESPECT OF THE COMPLAINT LODGED BY THE PETITIONER UNDER ANNEXURE-A DATED 28.02.2019 AS COGNZABLE OFFENCE UNDER SECTON 392 IPC AND OTHER SECTION 447, 392, 506 R/W SECTION 34 IPC AND TO INVESTIGATE IT AND RECOVER THE STOLEN PROPERTIES 11 TONNES OF TEA POWDER STORED BAGS WROTH ABOUT RS.13,40,000/- FROM THE ACCUSED PERSONS; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Leeladhar H.P., learned counsel for the petitioner.
Mr.Vijaykumar A.Patil, learned Additional Government Advocate for the respondent.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that he be granted liberty to submit a fresh complaint to the Station House Officer, J.J.Nagar police station, Bengaluru and the aforesaid authority be directed to take an action on the complaint in accordance with law.
4. On the other hand, learned Additional Government Advocate submits that in case any such complaint is filed, suitable action in accordance with law shall be taken.
5. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with liberty to the petitioner to make a fresh complaint to the Station House Officer, J.J.Nagar police station and the aforesaid authority is directed to take an action on the complaint which may be submitted by the petitioner, in the light of the law laid down by the Supreme Court in the case of ‘LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1.
Sd/- JUDGE RV