IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9667 OF 2019 (GM - POLICE) BETWEEN:
Gulsheer, Aged about 42 years, W/o Sayed Sibequethullah @ Rahamathulla, R/at #11/1, 1st Cross, Conservancy Lane, Susheela Road, Doddamavalli, Bengaluru – 560 018.
(By Sri. Naveed Ahmed, Advocate) AND:
1. State of Karnataka, Home Department, Vikasa Soudha, Bengaluru – 560 001. By its Secretary.
2. Director General & Inspector General of Police, Karnataka State Police, Nrupathunga Road, Bengaluru – 560 001.
3. Inspector General of Police, Central Range, Millers Road, Opp. Chandrika Hotel, … Petitioner Cunningham Road, Bengaluru – 560 001.
4. Commissioner of Police, Bengaluru City, Infantry Road, Bengaluru – 560 001.
5. Asst. Commissioner of Police, Bengaluru City, Infantry Road, Bengaluru – 560 001.
6. Circle Inspector of Police, Central Police Station, Chamrajpeth, Bengaluru – 560 001.
7. Sub – Inspector of Police, Chamrajpeth Police Station, Chamrajpeth, Bengaluru – 560 001.
(By Sri. Vijay Kumar A. Patil, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-4 to 7 to consider the complaint filed before them of various dated produced herein at Annexure – A1 to A3, B, C & D and take appropriate action against the accused and etc., This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Naveed Ahmed, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner inter alia has prayed for the following reliefs:
“(i) Direct the respondents No.4 to 7 to consider the complaint filed before them of various dates produced herein at Annexure A1 to A3, B, C, D and take appropriate action against the accused by issuing the writ of mandamus.
(ii) Issue such other appropriate writ, order/s, relief/s, or direction as this Hon’ble Court deems necessary in the circumstances of the case.”
3. When the matter was taken up today, learned counsel for the petitioner submits that he will furnish the copy of the complaint filed by him to concerned Police Inspector within a period of one week from the date of receipt of certified copy of the order passed today and the aforesaid authority be directed to take action on the complaint submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate submits that in case complaint is furnished by the petitioner to the concerned Police Inspector, the aforesaid authority shall take an action in accordance with law.
5. In view of the aforesaid submissions and in view of the law laid down by the Hon’ble Supreme Court in the case of ‘LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, writ petition is disposed of with a direction to the concerned Police Inspector to take decision, if not already taken on the complaint provided the petitioner furnishes the complaint within a period of one week 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 the merits of the case.
SD/- JUDGE Mds/-