Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11304 WP No. 7955 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 7955 OF 2025 (GM-POLICE)
BETWEEN:
1.
VIJAYA BHASKAR D A S/O MR. ACHUTA RAO D.S.
AGED ABOUT 62 YEARS R/AT NO.1040, 13TH CROSS JP NAGARA, 1ST PHASE BANGALORE SOUTH BANGALORE - 560 078
2.
VINAY K. SREENIVASA S/O LATE K.K.S. GUPTA AGED ABOUT 44 YEARS R/AT NO.18, 1ST FLOOR BHARAT BHAVAN NO.35, INFANTRY ROAD BANGALORE - 560 001 …PETITIONERS (BY SMT. SRUTI CHAGANTI, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11304 WP No. 7955 of 2025
AND:
1.
THE STATE OF KARNATAKA REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BANGALORE - 560 001
2.
THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD BANGALORE - 560 001
3.
THE POLICE INSPECTOR SESHADRIPURAM POLICE STATION 1ST MAIN ROAD, 198, SUBEDAR CHATRAM ROAD SESHADRIPURAM, BANGALORE - 560 020
4.
THE POLICE SUB-INSPECTOR SESHADRIPURAM POLICE STATION 1ST MAIN ROAD, 198, SUBEDAR CHATRAM ROAD SESHADRIPURAM BANGALORE - 560 020 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH/SETTING ASIDE THE NOTICE BEARING NO. C1PS/CC/93/2025 DTD 17.03.2025 ISSUED BY R-3, PRODUCED HEREWITH AS ANNX-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:11304 WP No. 7955 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question a notice dated 17.03.2025, which in effect has the direction to stop the meeting that is supposed to be held on 18.03.2025 - today at about 5:00 P.M. The police notice refers to an order passed by the coordinate Bench of this Court in Writ Petition No.19382 of 2023, which comes to be disposed on
20.01.2025. The coordinate Bench while disposing the petition observes as follows:
"11. Having regard to the facts and statements narrated herein above, this Court is of the considered opinion that the petitioners herein have a right to seek such directions to the respondent police. The respondent police are required to take action in accordance with law if they find that the 9th respondent or his followers or any person makes any statement in the open public or publishes any such derogatory statement, which is an offence in accordance with laws and in that regard, if any material is placed by the petitioners or any person aggrieved of any such action on the part of the 9th respondent or his followers, and if such information is placed before the police, it is the bounden duty of the respondents police to take action immediately, in accordance with law."
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NC: 2025:KHC:11304 WP No. 7955 of 2025
The coordinate bench holds that the police are required to take action, in accordance with law, if 9th respondent therein or his followers or any person makes any statement in the open public or publishes any derogatory statement, which is in offence, in accordance with law and in that regard if any material is placed by the petitioners any person agreed thereon, it would be the bounden duty of the respondent - police to take action immediately. 2. The plea of the petitioners is that the petitioners are not the same respondents therein. The issue in the lis is identical to the issue that was projected before the coordinate Bench. The meeting is said to be for the said purpose. Therefore, the petitioners, though are not parties to said petition are bound by the directions given by the coordinate bench. Directions, I mean to the respondent - Police.
If the petitioners are seen to be violating the law as observed by the coordinate bench, it is for the respondent - police to take action. Till such eventuality comes about, the Police cannot obviously stall any meeting that is to be held inside the office of the petitioners. - 5 -
NC: 2025:KHC:11304 WP No. 7955 of 2025
3. With the aforesaid observations, the petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
KG List No.: 2 Sl No.: 9