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2025 DAILYLAW 14283 (KAR)

SRI ESHWARA L B v. STATE OF KARNATAKA

WP/1965/2021 · 2025-01-08

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:602 WP No. 1965 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1965 OF 2021 (GM-POLICE) BETWEEN: SRI ESHWARA.L.B. S/O LATE BASAVARAJU, AGED ABOUT 47 YEARS, R/AT NO.163, AMBA NILAYA, OPP.HANUMAGIRI TEMPLE, 9TH BLOCK, BENGALURU-560 072. …PETITIONER (BY SRI. SHARANAGOUDA.S.PATIL., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, DR B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER OF POLICE, NO.1, INFANTRY ROAD, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER OF POLICE, NO.13, TANK BUND ROAD, CHICKPETE, BENGALURU-560 053. 4. THE ASSISTANT COMMISSIONER OF POLICE, KENGERI GATE, SUB DIVISION, MYSORE ROAD, BYATARANAPURA, BENGALURU-560 026. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:602 WP No. 1965 of 2021 5. THE POLICE SUB-INSPECTOR, ANNAPOORNESHWARI NAGAR POLICE STATION, BENALURU-560 072. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for the respondents has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents authorities to register FIR on the basis of the complaint by the petitioner dated 09.08.2019 vide Annexure-D and to conduct the investigation in a fair manner. 3. Heard the arguments and perused the Writ papers with care. 4. The grievance of the petitioner is that the respondents are not entertaining the compliant made by him. If - 3 - NC: 2025:KHC:602 WP No. 1965 of 2021 at all the petitioner has any grievance about non-registering the complaint by the third respondent, he has remedy under Section 156(3) of the Cr.P.C to make a complaint before the Deputy Commissioner in accordance with the law laid down by the Apex Court in PRIYANKA SRIVASTAVA VS. STATE OF U.P reported in 2015 (6) SCC 287. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 63