IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58103 OF 2018 (GM-POLICE) BETWEEN:
SRIRANGACHARYA K SON OF KAMBHADA NARASIMHAIAH AGED 56 YEARS RESIDING AT NO.37 BANDEHOSUR, KANNUR POST BENGALURU 562 149.
(By Mr.SHIVANANDA D S ADV.,) AND:
1. THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY DEPT. OF HOME, VIDHANA SOUDHA BENGALURU 560 001.
2. THE DIRECTOR GENERL OF POLICE & IGP NRUPATHUNGA ROAD, BENGALURU 560 001.
3. THE COMMISSIONER BENGALURU CITY POLICE INFANTRY ROAD, BENGALURU 560 001.
4. THE DEPUTY COMMISSIONER OF POLICE HALSUR GATE, BENGALURU EAST, BENGALURU 560004.
5. THE POLICE INSPECTOR HENNUR POLICE STATION … PETITIONER HENNUR BENGALURU – 49. … RESPONDENTS (By Mr. VIJAY KUMAR A PATIL AGA FOR R1 TO R5.) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REGISTER THE COMPLAINT DT.24.7.2018 LODGED BY THE PETITIONER AS PER ANNEXURE-A & B AND INVESTIGATE INTO THE MATTER, INITIATE ACTION IN ACCORDANCE WITH LAW. FURTHER, DIRECT THE RESPONDENTS TO PROVIDE POLICE PROTECTION TO THE PETITIONER AND HIS FAMILY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Shivananda D.S., learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 5.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Direct the Respondents to register the complaint dt.24.7.2018 lodged by the petitioner as per Annexure-A & B and investigate into the matter, initiate action in accordance with law. FURTHER, direct the Respondents to provide police protection to the petitioner and his family by issue of writ in the nature of mandamus, any other writ, direction or order as the case may be.
(b) GRANT such other relief/s as this Hon’ble Court deemed fit under the circumstances of the case.
(c) Allow the above writ petition in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate has invited the attention of this Court to a memo in which it is pointed out that by endorsement dated 10.09.2018, the petitioner has been apprised that the dispute raised by the petitioner in the complaint dated 24.07.2018, is a financial dispute and the petitioner has been advised to approach the Court of competent authority having jurisdiction. It has further been stated that in case of any threat prespective to the petitioner, he is at liberty to approach respondent No.5. The aforesaid endorsement has not been challenged by the petitioner and as stated by the petitioner, the petitioner has already filed a private complaint before the Magistrate. Therefore, the relief claimed in the petition does not survive for consideration. Accordingly, the writ petition is disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS