- 1 - NC: 2025:KHC:12817 WP No. 7797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7797 OF 2025 (GM-POLICE) BETWEEN: M/S. DREAM AND DEALS INTERNATIONAL PRIVATE LIMITED D.NO.3-125/5(15), MASIDI BACKSIDE ROAD MARAKADA, KAVUR, DAKSHINA KANNADA MANGALORE, KARNATAKA – 575 015 RECENTLY SHIFTED TO NO.25-28-2118/15, 16, 17, 18 DREAM DEAL CENTRE, KOPPARIGE HOUSE LINK ROAD, DAKSHINA KANNADA, MANGALORE KARNATAKA – 575 007 REPRESENTED BY ITS MANAGING DIRECTOR MR. MOHAMMAD IRSHAD. …PETITIONER (BY SRI JAYAKUMAR S.PATIL, SR. ADVOCATE A/W., SRI MUZAFFAR AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS HOME SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12817 WP No. 7797 of 2025 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE NO.2, POLICE HEAD QUARTERS NRUPATUNGA ROAD, BENGALURU – 560 001. 3. THE SUPERINTENDENT OF POLICE KODAGU DISTRICT, MADIKERI KARNATAKA – 571 201. 4. THE INSPECTOR OF POLICE MADIKERI TOWN POLICE STATION MADIKERI, KARNATAKA – 571 201. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 AND SUBORDINATE TO CEASE ALL HARASSMENT AND INTERFERENCE SO AS TO NOT TO CASUE HINDRANCE TO THE PETITIONER AND OTHER STAFF IN THE LAWFUL BUSINESS OPERATIONS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “(i) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondents No. 4 and subordinate to cease all harassment and - 3 - NC: 2025:KHC:12817 WP No. 7797 of 2025 interference so as to not to cause hindrance to the petitioner and other staff in the lawful business operations. (ii) Issue a writ of mandamus directing the Respondent No. 3 and the State apparatus i.e., Respondent No. 1 and Respondent No. 2 to initiate action against the Respondent No. 4 and Jurisdictional Police Personal responsible for this state of affairs pursuant to Annexure - A, Annexure A1 in corroboration with Annexure - A2, for all violations of constitutional and legislative guarantees to the Petitioner and his staff. (iii) Issue / grant such other Order/s as this Hon'ble Court may deem fit in the facts and circumstances of the case, including an Order as to the costs of the above case; in the interest of justice and equity.” 2. Heard Sri Jayakumar S. Patil, learned senior counsel along with Sri Muzaffar Ahmed, learned counsel for the petitioner and Sri Rahul Cariyappa, learned Additional Government Advocate for the respondents. 3. This Court on the submissions of the learned senior counsel had passed the following order: “Heard Shri Jayakumar S. Patil, learned Senior counsel appearing for the petitioner. This Court on 19.03.2025 had passed the following order: "Learned High Court Government Pleader is directed to accept notice for respondents. Learned counsel for the petitioner to serve a copy of the petition papers upon the learned High Court Government Pleader, forthwith. - 4 - NC: 2025:KHC:12817 WP No. 7797 of 2025 Heard the learned senior counsel Sri Jaykumar S Patil appearing for the petitioner. The allegation in the case at hand is against the 4th respondent - Inspector of Police, Madikeri Town Police Station. It is the allegation that the 4th respondent barges into the petitioner’s office, takes away the computers and directs that the petitioner should not open the office. The learned senior counsel submits that there is no crime registered against the petitioner and the police could not have done such an act. Learned High Court Government Pleader to secure instructions and if it is found that the 4th respondent has in fact performed his actions, appropriate orders unleashing the coercive arm of law would be passed against the 4th respondent. List on 21.03.2025 in the fresh matters list." The learned AGA submits that the Sub-inspector of Madikeri Town Police Station is present before the Court and on his instructions, the learned AGA submits that the Police have not entered into the premises of the petitioner and would file an affidavit to that effect. The learned Senior counsel appearing for the petitioner submits that not only entering and taking away the material, the petitioner was detained in the Police Station for more than 10hours. Therefore, the CCTV footage of the police station i.e., Madikeri Town Police Station be produced before this Court along with the transcript of the same. If the CCTV is not installed or a ruse that CCTV was not functioning is projected before this Court on the next date, adverse inference against the Police would be drawn. List this matter on 26.03.2025, in the fresh matters list. Till such time, the petitioner be permitted to operate the business, in accordance with law.” - 5 - NC: 2025:KHC:12817 WP No. 7797 of 2025 4. The allegation is that, the office bearers of the petitioner - Dreams and Deals International Private Limited were taken into the police station and made them sit in the police station till 5:30 in the evening and while so doing, the laptop, the mobiles kept in the shop had been seized by the police. All of which was without registering any crime. Therefore, this Court had directed that a report be secured by the learned Additional Government Advocate. 5. Sri Rahul Cariappa, learned Additional Government Advocate now produces the original records contending that there are two complaints registered by two individuals against the office bearers of the petitioner. The allegation is that, they are running chit fund, Ponzi scheme and lucky draws, which are seriously disputed by the learned senior counsel appearing for the petitioner. Be that as it may. 6. If there are allegations against the petitioner, it is for the respondents - police to take action in accordance with law and not take action contrary to law or in violation of law. 7. Learned Additional Government Advocate would undertake that the functioning of the business of the petitioner - 6 - NC: 2025:KHC:12817 WP No. 7797 of 2025 would not be interfered with, unless situation warrants and if there is any investigation to be conducted, it would be conducted strictly in accordance with law. The submission is placed on record. 8. In the light of the aforesaid submissions and the undertaking given by the learned Additional Government Advocate, reserving liberty to the petitioner to approach appropriate fora, in the event of need, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 23 CT:SS