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2025 DAILYLAW 35875 (KAR)

SRI K RAJA REDDY v. THE STATE OF KARNATAKA

WP/32655/2024 · 2025-01-06

R Devdas

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Judgment text

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- 1 - NC: 2025:KHC:93 WP No. 32655 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 32655 OF 2024 (GM-POLICE) BETWEEN: SRI. K. RAJA REDDY, AGED ABOUT 60 YEARS, S/O LATE KODANDARAMA REDDY, R/AT NO.229/1, 2 MAIN, 2ND CROSS, CHIKKABANASWADI, OMBR LAYOUT, BENGALURU - 560 043. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU - 560 002. 2. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU EAST, SHIVAJINAGAR, BENGALURU - 560 051. 3. THE ASSISTANT COMMISSIONER OF POLICE, BANASWADI SUB-DIVISION, BENGALURU - 560 043. 4. THE INSPECTOR OF POLICE, RAMAMURTHYNAGAR POLLICE STATION, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:93 WP No. 32655 of 2024 BENGALURU - 560 016. 5. MR. SYED MUZIL, S/O MUSTAN, R/AT VIJINAPURA, BENGALURU - 560 016. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE R-1 TO 4 TO REGISTER THE CASE AGAINST THE R-5 IN TERMS OF THE COMPLAINT MADE BY THE PETITIONER AS PER ANNEXURES-E, F AND G DATED 19.11.2024 AND 22.11.2024 AND INVESTIGATE THE CASE IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition is filed by the petitioner seeking a writ of mandamus or direction to the respondent-police to register an FIR in terms of the written complaint dated 19.11.2024 and 22.11.2024 given by the petitioner. 2. Learned Additional Government Advocate submits that it is clear from the complaint itself that the petitioner is aggrieved of certain action of one Sri.Syed Muju and others - 3 - NC: 2025:KHC:93 WP No. 32655 of 2024 regarding illegal encroachment and construction being put up in Sy.No.17/2, situated at Vijinapura Village, K.R.Puram Hobli, Bengaluru East Taluk, and therefore, action is sought to be taken in accordance with law. It is also mentioned in the complaint itself that certain civil cases, more particularly, in RFA.Nos.2000/2021, 898/2018, 899/2021 and 1825/2021 are pending before this Court and there are interim orders protecting the petitioner. Learned Additional Government Advocate would therefore submit that in respect of immovable properties and the rights claimed in respect of immovable properties, the police are not permitted to interfere. On the other hand, if there are specific directions issued by the Court to give protection to the petitioner; the respondent-Police will be duty bound to give protection to the petitioner. 3. Having regard to the averments made in the complaint, this Court is of the considered opinion that the respondent-Police have rightly declined to register an FIR. If the grievance of the petitioner is in respect of certain persons, who are trying to interfere in the property belonging to the petitioner, then the petitioner will have to approach the competent civil Court and redress his grievance. As rightly - 4 - NC: 2025:KHC:93 WP No. 32655 of 2024 submitted by the learned Additional Government Advocate, if appropriate directions have been issued by the Court directing the police to give protection to the petitioner, then the respondent-Police shall accordingly act and give protection to the petitioner. With these observations, the writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 34 CT: BHK