IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 17878 OF 2019 (GM-POLICE) BETWEEN:
SRI. MOHAMMED MOUSIN S/O KHADEER PASHA AGED ABOUT 22 YEARS R/AT NO.14, MANSURIA LANE OTC ROAD, COTTONPET, BENGALURU. (BY SRI. NAIK N. R, ADVOCATE (ABSENT)) AND :
STATE OF KARNATAKA BY ITS STATION HOUSE OFFFICER COTTONPET POLICE STATION COTTONPET, BANGALORE CITY - 560 001.
(BY SRI. B. BALAKRISHNA, AGA) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO THE RESPONDENT AND THEIR AUTHORITIES NOT TO CALL THE PETITIONER TO THE POLICE STATION EVERY DAY AND FORCING HIM TO SIGN THE PAPERS WITHOUT ANY REQUIREMENT FOR HIS APPEARANCE VIDE ANNEXURE-A AND D.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Naik N.R., learned counsel for the petitioner.
Mr.B. Balakrishna, learned Additional Government Advocate for respondent.
2. The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for the following reliefs:
“a) issue writ of mandamus or appropriate direction to the respondent and their authorities not to call the petitioner to the Police Station every day and forcing him to sign the papers without any requirement for his appearance’;
b) To direct the respondent authorities permit the petitioner to continue his education without any interference of the respondent police authorities;
c) To call for records and grant such other relief/s deems fit by this Hon’ble court, in the interest of justice and equity.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a liberty to the petitioner to file a fresh representation before the competent authority. On the other hand, learned Additional Government Advocate submitted that if such a representation is made by the petitioner, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty that if the petitioner makes a fresh representation to the competent authority of the respondent within two weeks from the date of receipt of certified copy of the order passed today, the competent authority of the respondent is directed to decide the representation afresh submitted by the petitioner within a period of four months from the date of receipt of such a representation by a speaking order and in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SA Ct:sr