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2025 DAILYLAW 19242 (KAR)

S K SUNIL KUMAR v. THE STATE OF KARNATAKA

WP/6846/2021 · 2025-01-08

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:585 WP No. 6846 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. 6846 OF 2021 (GM-POLICE) BETWEEN: S.K.SUNIL KUMAR S/O S.B.KRISHNA CHAR, AGED ABOUT 43 YEARS, JEWELLERS, R/O RANGAPPANA PALYA, SIRA TALUK, TUMKUR-572 137. …PETITIONER (BY SRI. K.V.SATEESHCHANDRA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. DEPUTY SUPERINTENDENT OF POLICE, BY NAME KUMARAPPA, TUMKUR-572 137. 4. THE CIRCLE INSPECTOR, BY NAME HANUMATHRAYAPPA, SIRA POLICE STATION, TUMKUR-572 137. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:585 WP No. 6846 of 2021 5. THE SUB-INSPECTOR OF CRIME BRANCH, BY NAME BHARATHI, SIRA POLICE STATION, TUMKUR-572 137. 6. THE POLICE CONSTABLE, BY NAME VENKATESH, SIRA POLICE STATION, TUMKUR-572 137. 7. THE POLICE CONSTABLE, BY NAME GOPI, SIRA POLICE STATION, TUMKUR-572 137. …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, 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 following reliefs: (a) Issue a direction to respondent No.1 to take action against respondents 3 to 6 through C.B.I. Delhi. - 3 - NC: 2025:KHC:585 WP No. 6846 of 2021 (b) Issue a direction to respondents 1 and 2 to take action against respondents 3 to 7 and direct them to return the gold and silver ornaments and cash amount illegally collected from the petitioner. (c) Issue a Writ of Mandamus or any other writ directing respondents 1 and 2 to consider the representations dated 22.03.2021, 24.03.2021, 25.03.2021 vide Annexures-D, E, F and G. 3. AGA on instruction submits that the allegations made against respondents 3 to 7 are baseless. AGA therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. The grievance of the petitioner is that the Investigating Officer without issuing notice to him, conducted the raid on his shop and recovered gold and silver ornaments and acted contrary to the Circular bearing No.18/H.R.S.C/2007. Hence, he has sought a direction to take action against respondents 3 to 6 through C.B.I Delhi. - 4 - NC: 2025:KHC:585 WP No. 6846 of 2021 A careful perusal of the entire writ papers reveals that except making allegations, the petitioner has not substantiated his contention about recovery of gold and silver ornaments from his shop. The allegation and the grievance his baseless. If at all the petitioner has any grievance, he has a remedy to make/ raise a complaint. I decline to exercise power under the writ jurisdiction and grant the relief as sought by the petitioner. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 14