IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.30430/2019 (GM – POLICE) BETWEEN :
SRI MURALI M., S/O LATE MUNISWAMY, AGED ABOUT 35 YEARS, R/AT KADATHI VILLAGE, VARTHUR HOBLI, CARMELRAM POST, BENGALURU-560035 ...PETITIONER (BY SRI H.P.LEELADHAR, ADV.) AND :
1. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURLU-560001 2. THE DEPUTY COMMISSIONER OF POLICE WHITEFIELD, BENGALURU-560066 3. THE STATION HOUSE OFFICER VARTHUR POLICE STATION, BENGALURU CITY-560087 4. SRI MUNITHIMMAIAH S/O LATE KADDIPUDIGA, AGED ABOUT 81 YEARS, R/AT KODATHI VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU DISTRICT-560087 5. SRI RAMANNA S/O LATE NANJAPPA, AGED ABOUT 60 YEARS R/AT KODATHI VILLAGE, VARTHUR HOBLI, CARMELRAM POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560035 …RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA FOR R-1 TO R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, FROM THE R-1, 2 AND 3 IN RESPECT OF THE COMPLAINT LODGED BY THE PETITIONER UNDER ANNEXURES-C, D AND E DATED 21.06.2019, 21.06.2019 AND 22.06.2019 RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Leeladhar H.P., learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned AGA for respondent Nos.1 to 3.
Taking into account the order which this Court propose to pass, it is not necessary to issue notice to private respondents 4 and 5.
This petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for the following reliefs:
a. To call for the records from the respondent Nos.1, 2 and 3 in respect of the complaint lodged by the petitioner under Annexures-C, D and E dated 21.6.2019, 21.6.2019 and 22.6.2019 respectively.
b. Issue a writ of mandamus or order or direction in the form of writ directing the respondent Nos.1 to 3 to take suitable action on the basis of the complaint lodged by the petitioner dated 21.6.2019, 21.6.2019 and 22.6.2019 under Annexures-C, D and E and to give protection to the petitioner and their property.
c. Issue a writ of mandamus or order or direction in the form of the writ directing the respondent Nos.1 to 3 to investigate the complaint lodged by the petitioner herein dated 21.6.2019, 21.6.2019 and 22.6.2019 under Annexures-C, D and E and undertake suitable action in accordance with law.
3. When the matter was taken up, learned counsel for the petitioner submitted that in response to the notice issued to the petitioner dated 30.6.2019 by the Asst. Commissioner of Police, the petitioner has appeared before the Asst. Commissioner of Police and has furnished all the documents pertaining to the property in question.
4. In view of the aforesaid submission, Sri.Vijay Kumar A. Patil, learned AGA submits that suitable action on the complaint submitted by the petitioner shall be taken in accordance with law.
5. In view of the submission made and in the facts of the case, the petition is disposed of with a direction to the competent Authority to consider and decide the representation submitted by the petitioner by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on merits of the claim of the petitioner.
Accordingly, the petition is disposed of.
Sd/- JUDGE Dvr: