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2025 DAILYLAW 28091 (KAR)

SRI RAJU C S v. THE GOVERNMENT OF KARNATAKA

WP/17780/2021 · 2025-02-19

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7362 WP No. 17780 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 17780 OF 2021 (GM-POLICE) BETWEEN: SRI. RAJU.C.S. S/O SHIVE GOWDA, AGED ABOUT 53 YEARS, RESIDING AT NO.485, 4TH E-CROSS, 3RD MAIN, RAJESHWARI NAGAR, LAGGERE--560 058. FATHER OF VICTIM JEEVAN.C.R. …PETITIONER (BY SRI. SYED AHMED., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER OF POLICE, BANGALORE EAST, BAZAAR STREET, NEAR METRO STATION ULSOOR, BANGALORE-560 008. 3. THE COMMISSIONER OF POLICE, BENGALURU CITY, NO.5, INFANTRY ROAD, TASKER TOWN, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7362 WP No. 17780 of 2021 VASANTH NAGAR, BENGALURU. KARNATAKA-560 001. 4. SRI. SHRAFUDDIN POLICE SUB-INSPECTOR, 648/L, SWAMI VIVEKANANDA ROAD, BINNAMANGALA, HOYSALA NAGAR, INDIRANAGAR, BENGALURU, KARNATAKA-560 038. 5. SRI.CHANDRU POLICE CONSTABLE, 648/L, SWAMI VIVEKANANDA ROAD, BINNAMANGALA, HOYSALA NAGAR, INDIRANAGAR, BENGALURU, KARNATAKA-560 038. 6. SRI. MAHESH POLICE CONSTABLE, 648/L, SWAMI VIVEKANANDA ROAD, BINNAMANGALA, HOYSALA NAGAR, INDIRANAGAR, BENGALURU, KARNATAKA-560 038. 7. SRI. NAGESH POLICE CONSTABLE, 648/L, SWAMI VIVEKANANDA ROAD, BINNAMANGALA, HOYSALA NAGAR, INDIRANAGAR, BENGALURU, KARNATAKA-560 038. 8. DEPUTY REGISTRAR, MAYO HALL COURT, OPP. CENTRAL MALL, M.G.ROAD, BENGALURU-560 001. E-MAIL: mayobng@hck.gov.in …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3) - 3 - NC: 2025:KHC:7362 WP No. 17780 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for respondents 1 to 3 has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a. Issue a Writ of Certiorari directing the Learned Metropolitan Magistrate to exercise the rights under Section 156(3) based on Annexure-A for sending the matter for registering the FIR against respondents 4, 5, 6 and 7 for alleged offences punishable under Sections 220, 330, 348, 323, 327 of IPC along with other offences. b. Issue a Writ of Certiorari directing the Learned Metropolitan Magistrate in 10th Addl. CMM, Mahohall to register the PCR or Criminal Miscellaneous complaint based on Annexure-D and to exercise the rights under Section 156(3) based and sending the matter for registering the FIR against respondents 4, 5, 6 and 7 for alleged offences punishable under Sections 220, 330, 348, 323, 327 of IPC along with other offences. - 4 - NC: 2025:KHC:7362 WP No. 17780 of 2021 c. Issue a Writ of Mandamus directing respondents 2 and 3 to register an FIR based on Annexure-E against the respondents 4, 5, 6 and 7 for alleged offences of punishable under Sections 220, 330, 348, 323, 327 of IPC along with other offences. d. Issue a Writ of Mandamus directing respondents 4 to 7 not to harass the petitioner and his son Jeevan.C.R in any manner. e. Direct the respondents 4 to 7 to make payment of damages to the petitioner and Victim of Custodial Torture. f. Issue direction to respondents 1 to 3 to protect the petitioners along with their families from the respondents 4 to 7. 3. Heard the arguments and perused the Writ papers with utmost care. 4. The petitioner has filed the captioned Writ Petition seeking a Certiorari directing the Metropolitan Magistrate to exercise the rights under Section 156(3) of the Cr.P.C. Certiorari cannot be ordered for such a relief. As far as other prayers are concerned, they cannot be accorded in the Writ Petition. The Writ Petition is devoid of merits and the same is liable to be rejected. - 5 - NC: 2025:KHC:7362 WP No. 17780 of 2021 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 10