NARESH DHAYPULLE v. SRI GURURAJ S/O. KRISHNA KUMAR
WP/107772/2025 · 2025-10-27
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46930 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46930 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14301 WP No. 107772 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107772 OF 2025 (GM-POLICE) BETWEEN:
1. NARESH DHAYPULLE S/O. NAGENDRA RAO AGE: 50 YEARS, OCC: BUSINESS, R/O: FLAT NO.301, 3RD FLOOR, GANDHI NAGAR ARCADE, 2ND CROSS, GANDHI NAGAR, BALLARI, PIN- 583101. 2. ARCHANA W/O. NARESH DHAYPULLE, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: FLAT NO.301, 3RD FLOOR, GANDHI NAGAR ARCADE, 2ND CROSS, GANDHI NAGAR, BALLARI, PIN- 583101. …PETITIONERS (BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. SRI. GURURAJ S/O. KRISHNA KUMAR, AGE: 52 YEARS, OCC: BUSINESS, R/O: 3RD MAIN ROAD, HOUSE NO.38, PARVATHI NAGAR, BALLARI, PIN- 583101. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:53 +0530
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HC-KAR NC: 2025:KHC-D:14301 WP No. 107772 of 2025
2. THE POLICE SUB INSPECTOR, BALLARI- 583101. …RESPONDENTS (BY SRI. V.S. KALASURMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO, THE PETITIONERS MOST RESPECTFULLY SUBMIT AS UNDER A) ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. ARJINO.115(A)/L.R.P/GOPAOTA/ DATED 27.12.2024 ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 AUTHORITY TO CONSIDER THE COMPLAINT/REPRESENTATION DATED 01.10.2024 AND CONSEQUENTLY DIRECT THEM TO REGISTER THE COMPLAINT AND FIR AND THE COPY OF THE REPRESENTATION/COMPLAINT IS HEREWITH PRODUCED AND MARKED AS ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY C) ISSUE A NECESSARY DIRECTION TO THE RESPONDENT NO. 2 TO REGISTERED AN FIR REGARDING THE MISSING OF VEHICLE BEARING NO. RA34P7567 THE INTEREST OF JUSTICE AND EQUITY D) PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FITS ON THE FACTS AND CIRCUMSTANCES OF THE CASE. - 3 -
HC-KAR NC: 2025:KHC-D:14301 WP No. 107772 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court seeking the following prayer: a. Issue a writ of in the nature of certiorari quashing the impugned endorsement bearing no. ARJINO.115(A)/L.R.P/GOPAOTA/ dated 27.12.2024 issued by the respondent no. 2 vide Annexure-C in the interest of justice and equity.
b. Issue a writ in the nature of mandamus directing the respondent no. 2 authority to consider the complaint/representation dated 01.10.2024 and consequently direct them to register the complaint and fir and the copy of the representation/complaint is herewith produced and marked as annexure-a in the interest of justice and equity. c. Issue a necessary direction to the respondent no. 2 to registered an fir regarding the missing of vehicle bearing no. RA34P7567 the interest of justice and equity. d. Pass any other order as this Hon’ble court deems fits on the facts and circumstances of the case. - 4 -
HC-KAR NC: 2025:KHC-D:14301 WP No. 107772 of 2025
2. The petitioner is before this Court on the score that the crime is not being registered by the police on the complaint. The petitioner has approached the learned Magistrate invoking Section 200 of the Cr.P.C. and therefore has to wait the orders of the Magistrate for a direction for registration of crime or otherwise. The petition is thus premature. 3. Reserving liberty to the petitioner to approach the appropriate fora at the appropriate time, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE
Kgk/ct-gtb List No.: 1 Sl No.: 62