IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2009 OF 2017 (GM-POLICE) BETWEEN:
SRI SHANMUGANANDA S AGED ABOUT 42 YEARS S/O SRI M R SRINIVASA REDDY R/AT THIRTHAMBANDAHALLI VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT – 563139.
(By MR. C SHANKAR REDDY, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIKASA SOUDHA AMBEDKAR ROAD BENGALURU – 560001.
2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR TOWN KOLAR – 563101.
3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR TOWN KOLAR – 563101.
4. THE TAHSILDAR MALUR TALUK MALUR TOWN KOLAR DISTRICT – 563130.
5. SUPERINTENDENT OF POLICE KOLAR DISTRICT KOLAR – 563101.
… PETITIONER 6. THE POLICE INSPECTOR MALUR CIRCLE, MALUR TOWN MALUR – 563130.
7. SRI G M SRINIVASAPPA SON OF SRI MUNISWAMAPPA @ SRI VENKATAPPA AGED ABOUT 71 YEARS R/ AT MIRUPANAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK, KOLAR DISTRICT – 563139.
ALSO AVAILABLE FOR SERVICE AT MIRUPANAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK KOLAR DISTRICT - 563139 8. SRI G S MANJUNATHA SON OF SRI SRINIVASAPPA G M AGED ABOUT 33 YEARS R/AT MIRUPANAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK, KOLAR DISTRICT - 563139 ALSO AVAILABLE FOR SERVICE AT MIRUPANAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK KOLAR DISTRICT - 563139 … RESPONDENTS (By MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 6 MR. R V SHIVANANDA REDDY, ADV. FOR R-7 & 8) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 AND 228 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO CONSIDER AND TAKE NECESSARY AND APPROPRIATE SWIFT ACTION ON THE REPRESENTATION MADE BY THE PETITIONER DTD:30.12.2016 AS PER ANNEXURE-L AND REPRESENTATION DTD:30.12.2016 MADE BY THE PETITIONER TO THE R-6 AS PER ANNEXURE-M TO THE WRIT PETITION, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.C.Shankar Reddy, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 6.
Sri.R.V.Shivananda Reddy, learned counsel for respondent Nos.7 and 8.
2. The 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 a direction to the respondent to take an appropriate action on the representation contained in Annexures-L and M dated 30.12.2016 submitted by the petitioner.
4. When the matter was taken up today, learned Additional Government Advocate has filed the statement of objections on behalf of the respondents in which it is pointed out that after investigation of the complaint submitted by the petitioner, the respondents have found out that no cognizable offence has been committed and accordingly, the case has been closed. Therefore, the second relief as prayed for by the petitioner cannot be granted in this petition.
5. In view of the aforesaid submissions and in view of the stand taken by the respondents in the statement of objections, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
Sd/- JUDGE RV