IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47484 OF 2014 (GM-POLICE) BETWEEN:
SRI. MOHAMMED IBRAHIM S/O LATE SRI ABDUL HAKIM AGED ABOUT 70 YEARS ALPINE CHERMILL MANOR, NO.49, FLAT NO.101, 1ST FLOOR, VIVANI ROAD, RICHARDS TOWN, BENGALURU - 560 005 … PETITIONER (BY SRI MOHAMMED AKHIL, ADVOCATE-ABSENT) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001 2. THE COMMISSIONER OF POLICE, KARNATAKA STATE POLICE DEPARTMENT, INFANTRY ROAD, BENGLURU 560001 3. THE SUB INSPECTOR OF POLICE UPPARPET POLICE STATION, BENGALURU.
… 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 RESPONDENTS TO GIVE THE REQUIRED POLICE PROTECTION WITH ARMED SECURITY PERSONNEL TO HIS PERSON, HIS PLACE OF BUSINESS AT NO.29, 5TH MAIN ROAD, GANDHINAGAR, BENGALURU - 560009, AND HIS RESIDENCE AT ALPINE CHERMILL MANOR, NO.49, FLAT NO.101, 1ST FLOOR, VIVANI ROAD, RICHARD'S TOWN, BENGALURU - 560005; DIRECT RESPONDENT NO.3 TO ACT ON THE COMPLAINT AT ANNX-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appeared for the petitioner.
Sri Vijay Kumar A. Patil, learned counsel for respondents.
In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of Mandamus directing the respondents to provide police protection to his person.
2. The petition is admitted. Perused the records.
3. When the matter is taken up today at 3.55 p.m., learned Additional Government Advocate by inviting the attention of this Court to paragraph No.9 of the Statement of Objections, wherein, it is stated that on the basis of the representation of the petitioner, respondent No.3 visited the petitioner’s shop on different timings and point book was kept in the petitioner’s shop and from 18.09.2014 till 20.10.2014, the petitioner has not informed any untoward incident to the police.
4. This petition is pending since 2014, in which no interim order has been passed.
5. Accordingly, in the facts and circumstances of the case and in view of the above observations made from paragraph No.9 of the Statement of Objections, this writ petition is disposed of with liberty to the petitioner that in case, he sense any threat to his life, he shall approach appropriate forum to take recourse to such remedy as may be available in law.
Sd/- JUDGE nvj