IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12864 OF 2017 (GM-POLICE) BETWEEN:
SRI S. SANTHOSH KUMAR , S/O SUBRAMANI, AGED ABOUT 39 YEARS, R/AT NO. 18, HOUSE LIST KHATHA NO.91/5, NEW BBMP NO.1007, SITUATED AT HORAMAVU VILLAGE, HOYSALA NAGAR, K.R.PURAM HOBLI, BANGALORE - 560 016.
… PETITIONER (BY SRI. N.GHOPAL, ADV.) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY HOME SECRETARY, VIDHANASOUDHA BANGALORE - 560001.
2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE - 560063 3. THE STATION HOUSE OFFICER, RAMAMURTHY NAGAR POLICE STATION, BANGALORE - 560 016.
4. SRI P.R.LOUIS S/O LOUIS, AGED ABOUT 60 YEARS, RESIDENT OF NO. 17, FIRST CROSS, 8TH MAIN, JANGAMA REDDY LAYOUT, HOYSALA NAGAR, RAMAMURTHY NAGAR POST, BANGALORE - 560 016.
5. SMT. MEENA K. W/O P.R. LOUIS, AGED ABOUT 55 YEARS, RESIDENT OF NO. 17, FIRST CROSS, 8TH MAIN, JANGAMA REDDY LAYOUT, HOYSALA NAGAR, RAMAMURTHY NAGAR POST, BANGALORE - 560 016.
6. SRI LEO GLADWIN, S/O P.R. LOUIS, AGED ABOUT 32 YEARS, RESIDENT OF NO. 17, FIRST CROSS, 8TH MAIN, JANGAMA REDDY LAYOUT, HOYSALA NAGAR, RAMAMURTHY NAGAR POST, BANGALORE - 560 016.
… RESPONDENTS (BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R-1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO CONSIDER THE COMPLAINT MADE BY THE PETITIONER ON 15.3.2017 AT ANNEX-G AND ENDORSEMENT ISSUED BY R-3 FOR HAVING RECEIVED THE COMPLAINT AT ANNEX-H DATED 15.3.2017 AND REGISTER THE FIRST INFORMATION REPORT AS PER THE EXISTING LAWS NAMELY FOR PROMOTING ENMITY BETWEEN CLASSES, FORCAUSING PUBLIC NUISANCE BY USE OF LOUDSPEAKERS AND OTHER HIGH VOLUME NOISE PRODUCING AUDIO-VIDEO SYSTEMS IN RESIDENTIAL LOCALITY THAT TOO, WITHOUT OBTAINING PROPER PERMISSION FROM THE PRESCRIBED AUTHORITIES AND FOR SUCH OTHER OFFENCES AS REVEALED IN THE COMPLAINT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. N. Ghopal, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
In this petition, petitioner inter alia seeks for a direction to the respondent No.3 to take an action on the complaint which has been submitted by the petitioner.
2. When the matter was taken up today, learned Additional Government Advocate for respondent Nos.1 to 3 submitted that after enquiry, an endorsement has been issued to the petitioner by which he has been informed that the complaint filed by him does not disclose any action of non cognizable offence.
3. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under law.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Mds/-