- 1 - HC-KAR NC: 2025:KHC:24839 WP No. 8155 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8155 OF 2018 (GM-POLICE) BETWEEN: MR BESTOGI K ISAAC S/O K.J.ISAAC, AGED ABOUT 58 YEARS, R/AT MADE VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT-571201 …PETITIONER (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIKASA SOUDHA, BENGALURU-560009 REPRESENTED BY ITS SECRETARY 2. THE SUPERINTENDENT OF POLICE VINAYAKA TEMPLE ROAD, JUNIOR COLLEGE ROAD, MADIKERI, KODAGU DISTRICT-571201 3. THE SUB INSPECTOR OF POLICE RURAL POLICE STATION, SENIOR COLLEGE JUNCTION COLLEGE ROAD, MADIKERI, KODAGU-571201 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT ISSUED BY R-3 DATED 23.10.2017 VIDE ANEX-E AND CONSEQUENTLY ISSUE A WRIT OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24839 WP No. 8155 of 2018 MANDAMUS DIRECTING R-3 TO REGISTER FIRST INFORMATION REPORT BASED ON THE COMPLAINT DATED 19.8.2017 VIDE ANNEX- D AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the endorsement issued by the 3rd Respondent dated 23.10.2017 vide Annexure-E and consequently, issue a writ of mandamus directing the Respondent No.3 to register First Information Report based on the complaint dated 19.08.2017 vide Annexure-D. b. Issue a writ of mandamus directing the 2nd and 3rd Respondent to give protection to the petitioner as sought for in Annexure-D dated 19.08.2017 by implementing the decree passed by the Addl. Civil Judge, Madikeri in O.S.No.48/2007 dated 18.08.2012 vide Annexure-A confirmed in RA No.63/2012 & RA No.65/2012 dated 02.09.2016 passed by Senior Civil Judge, Madikeri vide Annexure-B. c. Issue such other writ, order or directions as this Hon’ble court deems fit to be granted in the facts and circumstances of the case including the cost of this petition by allowing this petition in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:24839 WP No. 8155 of 2018 2. The grievance of the petitioner is that the respondent No.3 did not register an FIR in pursuance of the complaint lodged by the petitioner on 19.08.2017, instead called upon the petitioner to approach the Tahsildar for survey of the property to be done. 3. The submission of learned counsel for the petitioner is that there is a life threat held out by the persons against whom the complaint has been lodged to the servant of the petitioner, thereby constituting a cognizable offence and as such, the FIR ought to have been registered. 4. Having perused the documents, taking into consideration that the complaint allegedly was sought to be filed on 19.08.2017 and till now there is no occurrence of any other event, the said complaint also being based on the Judgment passed in O.S. No.48/2007, confirmed in RA No. 63 and 65 of 2012. Essentially, the complaint makes out that there is civil dispute pending between the parties as regard the property in question. Thereby, I am of the considered opinion that there is no criminal offence which has been made out. There cannot be any fault found with the respondent in not registering the complaint. - 4 - HC-KAR NC: 2025:KHC:24839 WP No. 8155 of 2018 5. No ground being made out, the Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 14