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2025 DAILYLAW 24637 (KAR)

SMT N SHOBHA v. THE COMMISSIONER OF POLICE

WP/13917/2021 · 2025-01-09

Jyoti Mulimani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:842 WP No. 13917 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 13917 OF 2021 (GM-POLICE) BETWEEN: SMT. N.SHOBHA W/O LATE A.N.KESHAVA REDDY, AGED ABOUT 63 YEARS, FLAT NO.20/101, 2ND FLOOR, 1ST MAIN, AKASH NAGAR, B.NARAYANAPURA, MAHADEVAPURA, BENGALURU-560 016. …PETITIONER (BY SRI. YESHWANTH.R.BYRAV., ADVOCATE FOR SRI. K.SREEDHAR., ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU-560 001. 2. SRI PAWAN, MAJOR, ASSISTANT COMMISSIONER OF POLICE, ELECTRONIC CITY POLICE STATION, 2ND CROSS ROAD, ELECTRONIC CITY PHASE-I, BENGALURU-560 100. 3. SRI ANIL KUMAR MAJOR, CIRCLE INSPECTOR OF POLICE, ELECTRONIC CITY POLICE STATION, 2ND CROSS ROAD, ELECTRONIC CITY PHASE-I, BENGALURU-560 100. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:842 WP No. 13917 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Yeshwanth R.Byrav., counsel on behalf of Sri.K.Sreedhar., for the petitioner and Sri.Mahantesh Shettar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondent No.1 to take action against respondents 2 and 3 for acting against the order of injunction of the Civil Court which is in favor of the petitioner and also to direct respondents 2 and 3 not to make attempt to settle the civil dispute in their Police Station and direct them to act in aid of order of injunction granted in O.S.No.530/2020 dated 01.02.2021 vide Annexure-B on the file of I Addl. Civil Judge, Rural Court, Bengaluru. 3. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC:842 WP No. 13917 of 2021 4. Suffice it to note that the petitioner herein filed a suit against the defendants in O.S.No.530/2020 on the file of I Addl. Civil Judge, Bengaluru Rural District, Bengaluru and vide order dated 01.02.2021 defendants were temporarily restrained by an order of injunction. The contention and the grievance of the petitioner is that respondents 2 and 3 made attempts to settle the civil dispute between her and the defendants in the police station. Hence, she has sought direction directing respondent No.1 to take action against respondents 2 and 3. Admittedly, the petitioner has taken the shelter under the Court of law before the Civil Court and is agitating her civil rights. Hence, the reliefs sought against the police authorities in respect of a Civil dispute cannot be considered in the writ jurisdiction. The Writ Petition is devoid of merits and is liable to be rejected. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 48