Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 23026 (KAR)

SRI V M VENKATESH ALIAS VENKATESHAPPA, v. THE STATE OF KARNATAKA

WP/10563/2025 · 2025-04-22

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16571 WP No. 10563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10563 OF 2025 (GM-POLICE) BETWEEN: SRI V.M.VENKATESH ALIAS VENKATESHAPPA, W/O LATE MUNIVENKATAPPA, AGED ABOUT 62 YEARS, RESIDING AT UPPUKUNTE GRAMA SUGATURU HOBLI, KOLARA TALUK KOLARA DISTRICT – 563 101. …PETITIONER (BY SRI SHARAN N. MAJAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001. 2. THE SUPERINTENDENT OF POLICE, KOLAR KOLAR DISTRICT – 563 101. 3. THE POLICE INSPECTOR KOLAR RURAL POLICE STATION, KOLAR TALUK, KOLAR DISTRICT – 563 101. …RESPONDENTS Page no.1 is retyped and replaced vide court order dated 26.06.2025 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16571 WP No. 10563 of 2025 (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO REGISTER THE FIR AGAINST THE ACCUSED IN PURSUANCE OF THE COMPLAINT DTD. 26.03.2025 AT ANNX-A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking a direction to the respondent-police to register FIR against the accused pursuant to the complaint filed by the petitioner dated 26-3-2025. 2. Heard Sri Sharan N Majage, learned counsel appearing for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate appearing for respondents. 3. The learned counsel appearing for petitioner submits that though the complaint is registered on 26-03-2025 no action is taken by the police for registration of the crime. - 3 - NC: 2025:KHC:16571 WP No. 10563 of 2025 4. Learned Additional Government Advocate, on instructions, submits that NCR is already rendered, in the light of the fact that the issue in the lis is purely civil in nature. 5. The learned counsel for petitioner projects that there has been assault. I do not find any such allegation of assault on the petitioner in the complaint so registered by him, not even for the offence under Section 323 of the IPC. In the event there is any assault or any cognizance or even a non cognizable offence, the police shall act immediately in terms of the judgment of the Apex Court in the case of LALITHA KUMARI v. STATE OF UTTAR PRADESH reported in (2014)2 SCC 1. With the aforesaid observations, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 53