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2025 DAILYLAW 31192 (KAR)

K J PURUSHOTHAM v. THE STATE OF KARNATAKA

WP/22386/2021 · 2025-02-07

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:5636 WP No. 22386 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22386 OF 2021 (GM-POLICE) BETWEEN: K.J.PURUSHOTHAM S/O JAYARAM REDDY, AGED ABOUT 48 YEARS, NO.7, OPPOSITE TO OLD GRAM PANCHAYATH OFFICE, SINGANAYAKANAHALLI, YELAHANKA, BANGALORE-560 064. …PETITIONER (BY SRI. KIRAN KUMAR., ADVOCATE FOR SRI. ARUN.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001. REPRESENTED BY PRINCIPAL SECRETARY. 2. VEDA KUMAR S/O NOT KNOWN, AGED MAJOR, SECURITY OFFICER, NO.35, 5TH MAIN, 2ND CROSS, C.P.V. BLOCK, GANGANAGAR, BANGALORE-560 032. 3. RACHANA.A.RANKA D/O NOT KNOWN, AGED MAJOR, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5636 WP No. 22386 of 2021 POWER OF ATTORNEY HOLDER, TO SMT.MEENAKSHAMMA, W/O LATE BASAVARAJU, D/O R.NAGANNA GOWDA, R/A 1ST FLOOR, RANKA CHAMBERS, 31, CUNNINGHAM ROAD, BANGALORE-560 052. 4. THE THASILDHAR AND SUB-DIVISIONAL MAGISTRATE, YELAHANKA TALUK, BANGALORE-560 063. 5. THE DEPUTY GENERAL OF POLICE, KARNATAKA STATE, NRUPATHUNGA ROAD, BANGALORE-560 001. 6. THE DEPUTY SUPERINTEND OF POLICE, THE INVESTIGATION OFFICER, CID, CYBER TRAINING AND RESEARCH DIVISION, BANGALORE-560 010. 7. THE STATION HOUSE OFFICER, CHCKAJALA POLICE STATION, BANGALORE-562 157. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1, 4 TO 7; SRI. S.VASANTH MADHAV., ADVOCATE FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 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: - 3 - NC: 2025:KHC:5636 WP No. 22386 of 2021 ORAL ORDER Sri.Kiran Kumar., counsel on behalf of Sri.Arun.G., for the petitioner, Sri.Mahantesh Shettar., AGA for respondents 1, 4 to 7 and Sri.S.Vasanth Madhav., counsel for respondents 2 and 3 have appeared in person. 2. The Police Notice dated:30.10.2021 issued by the sixth respondent vide Annexure-F is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the writ papers with care. 4. It appears that respondents 2 and 3 had filed a compliant against the petitioner alleging that the petitioner attempted to interfere with their peaceful possession and enjoyment of the property in question before the Deputy General of Police, Karnataka State - the fifth respondent, who inturn directed the Deputy Superintend of Police - the sixth respondent to investigate into the matter. The Deputy Superintend of Police issued a notice calling upon the petitioner - 4 - NC: 2025:KHC:5636 WP No. 22386 of 2021 to appear before him on 06.11.2021. The police notice is called into question in this Writ Petition. 5. Suffice it to note that the proceedings under Section 145 of Cr.P.C., is pending before the office of the Thasildar, Yelahanka Taluk, Bengaluru District. Moreover, the issue relates to civil rights of the parties, hence the Deputy Superintend of Police could not have issued notice. Therefore, this Court deems it proper to quash the Police Notice. 6. The Writ of Certiorari is ordered. The Police Notice dated:30.10.2021 issued by the sixth respondent vide Annexure-F is quashed. 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 26