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2025 DAILYLAW 30696 (KAR)

SRI JAYANNA v. THE SECRETARY

WP/18912/2023 · 2025-02-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8903 WP No. 18912 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18912 OF 2023 (GM-RES) BETWEEN: SRI JAYANNA S/O LATE GURUMURTHAPPA AGED ABOUT 51 YEARS, OWNER OF WATER TANKER R.AT ASHOK KHENI LAYOUT, MADAVAPURA VILLAGE, DASANAPURA HOBLI, BENGALURU – 560 073. …PETITIONER (BY SRI. SHIVASHANKAR, ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE ( DG AND IGP) STATE OF KARNATAKA, NRUPATHUNGA ROAD, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001. 3. THE SUPERINTEDENT OF POLICE, BANGALORE RURAL DISTRICT CUNNIGNHAM ROAD, BEGNALURU REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU REP BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU – 560 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8903 WP No. 18912 of 2023 4. THE DEPUTY SUPERINTENDENT OF POLICE BANGALORE RURAL DISTRICT CUNNIGHAM ROAD, BENGLAURU REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001. 5. THE POLICE INSPECTOR MADANAYAKANAHALLI POLICE STATION, BENGALURU RURAL DISTRICT REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BEGNALURU – 560 001. 6. DAVID S/O CHINNAIAH AGED ABOUT 31 YEARS, R/AT LAKSHMIPURA BESIDE HALO BRICKS FACTORY ABBIGERE, VIDYARANYAPURA POST BENGLAURU – 560 057. 7. SRIKANTH M @ MICLE S/O MUNIRAJU, AGED ABOUT 28 YEARS, R/AT VIVEKANANDA NAGARA 2nd CROSS, JALAHALLI CROSS, BENGLAURU – 560 057. 8. DINESH S S/O SUBRAMANI AGED ABOUT 28 YEARS, R/AT C/O MUNIRAJAPPA BUILDING, CHOKKASANDRA 12th CROSS, T DASARAHALLI BENGALURU – 560 057. 9. SMT. SHWETHA W/O LATE SIDDARAJU, AGED ABOUT 35 YEARS, R/AT NAGAMMA LAYOUT, NEAR SHOBHA STORE CHOKKASANDRA, T DASARAHALLI BENGLAURU 560 057. - 3 - NC: 2025:KHC:8903 WP No. 18912 of 2023 10. PRABHU @ TAMIL PRABHU S/O DAVID KANNAN, AGED ABOUT 39 YEARS, R/AT NO. 49, KOOLINAGRA QUARTERS 3rd CROSS, NANDINI LAYOUT, BENGLAURU – 560 096. PERMANENT R/AT SOMASPURI VILLAGE, THIRUVANAMALAI TALUK AND DISTRICT, TAMILUNADU - 631 102. …RESPONDENTS (BY SRI.THEJESH, HCGP FOR R-1 TO R-5 VIDE ORDER DATED: 27.02.2025 NOTICE TO R-6 TO R-10 D/W) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C., PRAYING TO DIRECTING THE R2 TO 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-Z, Z1 AND Z2 DATED 27/12/2022, 10/04/2023 AND 08/04/2023 RESPECTIVELY FOR REFERRING THE MATTER FOR INVESTIGATION TO ANY OTHER HIGHER AUTHORITY AND ALSO ISSUED DIRECTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “Wherefore, it is humbly prays that this Hon’ble Court pleased to stay the further proceedings in Spl.C.C.No.903/2021 (arising out of Crime No.427/2021) of 5th respondent police which is pending before the Hon’ble 2nd Addl District and Sessions Judge, Bengaluru Rural District, Bengaluru as per Annexure – Y, till the disposal of the top noted writ petition, in the interest of justice and equity.” - 4 - NC: 2025:KHC:8903 WP No. 18912 of 2023 2. Heard learned counsel for the petitioner and learned HCGP for respondents 1 to 4 and perused the material on record. For the order proposed, notice to respondents 6 to 10 is dispensed with. 3. It is the grievance of the petitioner that his representations at Annexures-Z, Z1 and Z2 dated 27.12.2022, 10.04.2023 and 08.04.2023 submitted to the respondents 2 to 4 have not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of present petition. 4. Per contra, learned HCGP for the respondents 1 to 5 submits that if reasonable time is given, they would consider and pass necessary orders on the said representations. 5. In view of the aforesaid facts and circumstances and rival submissions, respondents 2 to 4 are hereby directed to address the grievances of the petitioner and consider his representations at Annexures-Z, Z1 and Z2 dated 27.12.2022, 10.04.2023 and 08.04.2023 respectively and pass appropriate - 5 - NC: 2025:KHC:8903 WP No. 18912 of 2023 orders / take appropriate steps in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 6. With the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.