- 1 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.203928 OF 2025 (GM-POLICE) BETWEEN: 1. VINOD S/O KISHAN RATHOD, AGE: 27 YEARS, OCC: AGRICULTURE, MUDNAL DODDA TANDA, YADAGIRI, DIST. YADAGIRI-585201. 2. KIRAN S/O KISHAN, AGE: 42 YEARS, OCC: AGRICULTURE, 3. KISHAN S/O SOMALA, AGE: 44 YEARS, OCC: AGRICULTURE, 4. ARUN S/O KISHAN, AGE: 38 YEARS, OCC: AGRICULTURE, 5. RUKMINI W/O KISHAN, AGE: 40 YEARS, OCC: AGRICULTURE, 6. PARIMALA D/O KISHAN, AGE: 35 YEARS, OCC: AGRICULTURE, 7. AJAY S/O MANIK, AGE: 38 YEARS, OCC: AGRICULTURE, 8. SANJU S/O MANIK, AGE: 39 YEARS, OCC: AGRICULTURE, 9. MANIK S/O. LAKKYA, AGE: 35 YEARS, OCC: AGRICULTURE, ALL ARE R/O BHIMA NAGAR, MUDNAL DODDA Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 TANDA, TQ. AND DIST. YADAGIR-585201. …PETITIONERS (BY MISS/SMT. LAXMI, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, YADAGIR-585201. 2. THE DEPUTY SUPRINTENDENT OF POLICE, YADAGIR-585201. 3. THE POLICE INSPECTOR, YADAGIR-585201. 4. VINOD S/O BHIMA NAYAK, AGE: MAJOR, OCC: AGRICULTURE, R/O BHIMA NAGAR, MUDNAL DODDA TANDA, TQ. AND DIST YADAGIR-585201. …RESPONDENTS (BY SMT. ANITHA M. REDDY., HCGP) THIS WRIT PETITION ALONG WITH UNDER SECTION 528 BNSS,2023 (SECTION 482 OF CR.P.C.) PRAYING TO ISSUE WRIT TO THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT NOS.1 TO 4 NOT TO REGISTER THE CASE AGAINST THE PETITIONER WITHOUT ANY PROPER INQUIRY AND ALSO TO PROVIDE POLICE PROTECTION AS PER THE REPRESENTATION PRODUCED AS ANNEXURE-E DATED 10.11.2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 ORAL ORDER This petition is filed seeking mandamus against respondents 1 to 4 not to register case against the petitioners without any proper enquiry and also to provide police protection by considering the representation dated 10.11.2022. 2. This writ petition is filed contending that land disputes have been subsisting between the family of the petitioners and the private respondents for nearly one and a half decades. It is the specific case of the petitioners that the said disputes have been adjudicated by the competent civil Courts and culminated in decrees in favour of the petitioners’ family. It is further alleged that despite having suffered adverse findings before the civil Courts, respondent No.4, harbouring grudge and animosity, has been persistently initiating frivolous and vexatious criminal proceedings against the petitioners and their family members. - 4 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 3. In support of the said contention, the petitioners have placed on record details of the criminal cases allegedly registered at the instance of respondent No.4. 4. This Court has heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent–State. 5. The petitioners would vehemently contend that their father, who was arrayed as defendant No.3 in O.S.No.95/2013, has derived the benefit of the decree passed by the Trial Court, wherein the Will set up by him was held to be duly proved. It is further contended that the said findings have attained finality, as the judgment and decree were affirmed by the Appellate Court in R.A.No.20/2020. 6. However, even assuming that the petitioners have acquired enforceable civil rights pursuant to the said decrees, this Court is of the considered view that any - 5 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 alleged infringement of such property rights can only be redressed by invoking appropriate remedies before the competent civil Court. The extraordinary jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked to grant a blanket protection in the nature of a writ of mandamus restraining the police authorities from registering any criminal case against the petitioners. 7. The prayer sought by the petitioners is essentially to direct respondent Nos.1 to 4 not to register any criminal case against them. Such a relief, if granted, would amount to pre-emptively stalling the statutory powers of the police and would run contrary to the settled principles governing exercise of writ jurisdiction. Equally, any representation submitted by the petitioners seeking such omnibus protection cannot be entertained by this Court. 8. In the above circumstances, this Court is not inclined to issue the writ of mandamus as prayed for. - 6 - HC-KAR NC: 2025:KHC-K:7656 WP No. 203928 of 2025 However, liberty is reserved to the petitioners to avail themselves of appropriate remedies before the competent civil Court, if they are aggrieved by any alleged acts of interference or intimidation by the complainant or his family members, in accordance with law. Accordingly, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 2 Sl No.: 0 CT:SI