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2025 DAILYLAW 11966 (KAR)

MANIKANT v. THE STATE OF KARNATAKA AND ORS

WP/203921/2024 · 2025-03-18

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC-K:1696 WP No. 203921 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 203921 OF 2024 (GM-POLICE) BETWEEN: MANIKANT S/O NARENDRA RATHOD, AGE : 28 YEARS, OCC: SOCIAL WORK AND BUSINESS,R/O: 1-1-42, SAT INDUSTRIES, CHANDRIKI ROAD, GURUMITKAL, DIST: YADGIRI, NOW AT BHARAT PRIED, PLOT NO.BG-06,NEAR LAHOTI MOTORS, KALABURAGI – 585 104. …PETITIONER (BY SRI RAVI B. CHAWAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, DR. B.R. AMBEDKAR VEEDHI, VIDHAN SOUDHA, BANAGLORE -560 001. 2. INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, NO.2, NRUPTHUNGA ROAD, BANAGLORE – 560 001. 3. SUPERINTENDENT OF POLICE, KALABURAGI, DIST: KALABURAGI - 585 105. …RESPONDENTS Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1696 WP No. 203921 of 2024 (BY SRI SHESHADRI JAISHANKAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE FORM OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS AT ANNEXURE-C TO E RESPECTIVELY DATED 06.10.2024 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the appellant as well as learned counsel appearing for respondents. 2. The petition is filed seeking writ of mandamus directing the respondents to consider the petitioner’s representations marked at Annexures-C, D and E all of them dated 06.10.2024. 3. It is noticed from the said Annexures-C, D and E that the petitioner has given a representation to the respondents on the premise that the petitioner gave a complaint on 19.11.2023 against unknown persons for - 3 - NC: 2025:KHC-K:1696 WP No. 203921 of 2024 attacking the petitioner and causing damage to the petitioner’s vehicle bearing Reg.No.KA-33/B-3456. A complaint is registered in Shahabad Police Station in Crime No.141/2023. The petitioner alleges that the CPI has taken money from different persons in the month of April and May and petitioner suspects that the money is taken from the accused in the complaint lodged by the petitioner. And it is alleged that because of bribe the police filed ‘B’ report. 4. It is further alleged that CPI Nagaraj Lade is having several benami properties. It is further stated that he has received money from several persons through phone pay account and not submitting the true assets and liability to the department. Hence, the petitioner has made a request to initiate appropriate action. The grievance of the petitioner is the said representations are not yet considered. 5. The ‘B’ report filed before the Court is marked at Annexure-B. It is stated that complaint is still pending - 4 - NC: 2025:KHC-K:1696 WP No. 203921 of 2024 before the jurisdictional Magistrate Court. If the petitioner is aggrieved by ‘B’ report, the petitioner has to challenge the same in the manner known to law. 6. As far as complaint relating to acquisition of assets beyond known source of income is concerned, the petitioner has to approach the appropriate authority and the complaint has to be filed before the competent Authority. The representations at Annexures-C, D and E are not in the proper form and not before the appropriate authority. 7. Under these circumstances, the petition is not maintainable. The petitioner may take such recourse as advised in the law. Accordingly, writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE SN/List No.: 2 Sl No.: 30