Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14340 (KAR)

SMT. GIRIJA POOJARTHI v. THE STATION HOUSE OFFICER

WP/1503/2025 · 2025-01-22

R Devdas

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2598 WP No. 1503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1503 OF 2025 (GM-POLICE) BETWEEN: SMT. GIRIJA POOJARTHI, W/O LATE KONIMANE KRISHNA POOJARY, AGED ABOUT 67 YEARS, R/AT KATTEBELTURU VILLAGE, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT - 576 230. …PETITIONER (BY SRI. D. MOHANKUMARA, ADVOCATE) AND: 1. THE STATION HOUSE OFFICER, KANDLUR POLICE STATION, ADDRESS: JQQF+249, KANDLOOR, KARNATAKA - 576 211. 2. THE SUPERINTENDENT OF POLICE (SP), ADDRESS OLD DC OFFICE ROAD, BANNANJE CIRCLE, BANNANJE, UDUPI, KARNATAKA - 576 101. 3. THE DEPUTY SUPERINTENDENT OF POLICE (DYSP), ADDRESS: JM9R+9JJ, OPPOSITE TO L.I.C OFFICE, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2598 WP No. 1503 of 2025 KUNDAPURA, UDUPI, KARNATAKA - 576 201. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R1 TO PROVIDE ADEQUATE POLICE PROTECTION TO PETITIONER AND HER PROPERTY AS DETAILED IN THE REPRESENTATION DATED 16/01/2025 VIDE ANN-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. 2. The petitioner is before this Court seeking direction to respondent No.1-Station House Officer Kandlur Police Station, to consider her complaint dated 16.01.2025 at Annexure-A and take action accordingly. 3. On going through the complaint at Annexure-A, it is clear that the petitioner is alleging that he has filed - 3 - NC: 2025:KHC:2598 WP No. 1503 of 2025 O.S.No.2/2025 on the file of Principal Civil Judge and JMFC, Kundapura and there is an order of temporary injunction restraining the defendant, from interfering with the plaintiff’s peaceful possession and enjoyment of suit schedule property. It is alleged that in spite of such a temporary injunction granted by the Court, the defendant is interfering with the suit schedule property. The petitioner therefore seeks police protection. 4. Learned Additional Government Advocate submits that there are several judgments of this Court which clearly hold that the police is not permitted to interfere or take action on such allegation touching upon the rights of the parties in respect of immovable properties. Police protection can be granted only if there is a specific direction given by the Civil Court. 5. Upholding the submissions of the learned Additional Government Advocate, the writ petition stands disposed of granting liberty to the petitioner to seek specific directions at the hands of the Civil Court where the - 4 - NC: 2025:KHC:2598 WP No. 1503 of 2025 suit filed by the petitioner is pending, seeking police protection to implement the interim orders passed by the Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK