- 1 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22211 OF 2025 (GM-POLICE) BETWEEN: M/S SLN PROPERTIES HAVING ITS OFFICE AT NO.2A., 1ST 'A' MAIN, VINAYAKA LAYOUT, MEDARAHALLI, BANGALORE-560090 REPRESENTED BY ITS PARTNER, SRI. SANTOSH J. …PETITIONER (BY SRI. MOHAMMED ZAYED KHAN.,ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE BANGALORE RURAL DISTRICT, BANGALORE-560052. 2. THE POLICE INSPECTOR, VISHWANATHAPURA POLICE STATION, BANGALORE-562110. 3. NISCHALA DEVELOPERS, HAVING OFFICE AT NO. 01, SURAM HEIGHTS, 1ST FLOOR, TARALABALU MAIN ROAD, NEAR MLA LAYOUT, R.T NAGAR, BANGALORE-560032 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 REPRESENTED BY ITS PARTNERS, MR. N.R LAKSHMIKANTH AND MR. NARAYANASWAMY S. 4. MR. NARAYANASWAMY S S/O LATE SRINIVAS MURTHY, AGED ABOUT 43 YEARS, RESIDING AT NO. 23, NEAR ANJANEYASWAMY TEMPLE, CHIKKABETTAHALLI, VIIDYARANYAPURA POST, BANGALORE-560097. 5. MR. LAKSHMI KANTHA S/O NEELI RANGAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.48, 2ND CROSS, 2ND MAIN MUTHAPPA BLOCK, GANGANAGAR, RT NAGAR, BANGALORE-560032. 6. SRI. A RAMACHANDRA, S/O SRI. T.S ANANTHA NARAYANA, AGED ABOUT 59 YEARS, RESIDING AT NO. 38, SIMHADRI 7TH MAIN ROAD, 1ST STAGE, BRINDAVANAM EXTENSION, MYSORE-57020. 7. SMT. VIJAYAVALLI NARASIMHAM, W/O SRI. V NARASIMHAM, AGED ABOUT 49 YEARS, RESIDING AT NO. 3214, (NEW NO. 11) NAGAPPA COMPOUND, MARIYAPPANAPALYA, RAJAJINAGAR, 2ND STAGE, BANGALORE-560010. 8. SMT. SUJATHA, W/O SRI. K.R VEDAVYAS, - 3 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 AGED ABOUT 56 YEARS, RESIDING AT NO. 1348, SUMUKHA 1ST MAIN ROAD, 12TH WARD, T. DASARAHALLI, KALYANNASGAR, BANGALORE-560057 9. SRI. S CHANDRA SHEKAR, S/O SRI. K. SATYAMURTHY, AGED ABOUT 40 YEARS, RESIDING AT NO. 274, 36TH 'A' CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE-560082. 10. SRI. G. GAJENDRA, S/O SRI. GOPALA MUDALIAR, AGED ABOUT 68 YEARS, RESIDING AT NO.1, 1ST CROSS, 6TH MAIN, SHAKTHI GANAPATHI NAGAR, BASAVESHWARANAGAR, BANGALORE-560079. 11. SRI. C.T VENKATESH, S/O LATE THIRUNARAYANA, AGED ABOUT 55 YEARS, RESIDING AT NO. 64, NEW NO.2, CHINNAPPA REDDY LANE, 8TH CROSS, H.A.L 2ND STAGE, KODIHALLI, BANGALORE-560008 12. SRI. KRISHNA MOHAN, S/O K.S MOHANAN, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO. 1, AARANYA NEAR VARKEY'S SUPER MARKET, PADAMUGALKAKKANAD, KOCHI-682030 13. SMT. USHA VENKOBAPPA, W/O SRI. VENKOBAPPA G, AGED ABOUT 59 YEARS, RESIDING AT FLAT NO.202, K.T APARTMENTS, BILIGIRI, EAST ANJANEYA TEMPLE ROAD, BASAVANAGUDI, BANGALORE-560004. - 4 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 14. SRI. N. RAMANI, S/O SRI. R. V NARASALYER, AGED ABOUT 59 YEARS, RESIDING AT NO. 14, NARAYANAPPA LAYOUT, BASVANAGUDI ROAD, 2ND CROSS, MARUTHISEVANAGAR, BANGALORE-560033. 15. SRI. L.. NAGABHUSHAN RAO, S/O LATE M. LAKSHMANA RAO, AGED ABOUT 62 YEARS RESIDING AT NO. 179, 4TH STAGE, 4TH BLOCK, BASAWESHWARANAGAR, BANGALORE-560079. 16. SMT. GAYATHRI NAGABHUSHAN W/O SRI. L. NAGABHUSAN RAO, AGED ABOUT 54 YEARS, RESIDING AT NO. 179, 4TH STAGE, 4TH BLOCK, BASAWESHWARANAGAR, BANGALORE-560079 17. SMT. SHYALAJA KUMARI, D/O LATE GOVINDAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 17, 11TH CROSS, 1ST MAIN, PRASHANT NAGAR, BANGALORE-560079. 18. SMT. P.M SHOBHA, W/O SRI. R.K HEMACHANDRA, AGED ABOUT 60 YEARS, RESIDING AT NO. 89, 5TH MAIN ROAD, BINNY LAYOUT, BEHIND ATTIGUPPE, VIJAYANAGAR 2ND STAGE, BANGALORE-560078 19. SMT. MYTHILI RAMANUJAM, W/O SRI. K RAMANUJAN, AGED ABOUT 59 YEARS, - 5 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 RESIDING AT, NO. G-3, CREATIVE ARCADE 7TH MAIN, OPP RAMANAMAHARSHI CENTRE, N.S HALLI, SANJAYNAGAR, BANGALORE-560094 20. SRI KRISHNAPPA RAMANJUAN S/O M KRISHNAPPA AGED ABOUT 77 YEARS R/AT NO G3 CREATIVE ARCADE 7TH MAIN OPP RAMAMARHARSHI CENTRE N S HALLI SANJAYNAGAR BANGALORE 560094. 21. SRI. G.S RENUKACHARYA, S/O SRI.G.SSHIVALINGAIAH, AGED ABOUT 67 YEARS, RESIDING AT NO. 208, 2ND MAIN, KASTURINAGAR, NGEF (EAST), KALYANNAGAR POST, BANGALORE-560043. 22. SMT. B.P NEELAMMA W/O SRI. I.S GANAPATHY, AGED ABOUT 63 YEARS, RESIDING AT NO. 2027/11, 14TH CROSS, 9TH MAIN, SIDDAVERAPPA LAYOUT, DAVANAGERE-77004. 23. SMT. K.JSHOBHA RANI D/O SRI. JAYAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO. 70, SRI VALLAB, K.P.A BLOCK, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-560040 24. SRI. M.K RAMPRASAD S/O SRI. M.N KRISHNA MURTHY, - 6 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 AGED ABOUT 63 YEARS, RESIDING AT NO. 35/6, 38TH A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-560078. 25. SRI. G. HARIKRISHNAN, S/O SRI. S.V. GOVINDARAJULU, AGED ABOUT 63 YEARS, RESIDING AT NO. 67(34), GROUND FLOOR, 14TH CROSS, SWIMMING POOLL EXTENSION, SUDHINDRA NAGAR, MALLESHWARAM, BANGALORE-560003. 26. SRI. N AMEER, S/O LATE N. NOOR MOHAMMED, AGED ABOUT 67 YEARS, RESIDING AT C/O S BEGAM BUILDING, JAKI GARDEN, 2ND CROSS, GIDDAPPA BLOCK, GANGANAGAR, RT NAGAR POST, BANGALORE-560032. 27. SRI. SATISH S POPALE, S/O LATE SHIVAJI RAO R POPALE, AGED ABOUT 47 YEARS, RESIDING AT NO. 146, 5TH B MAIN, 7TH CROSS, R.P.C LAYOUT, HAMPI NAGAR, VIJAYANAGAR 2ND STAGE, BANGALORE-560040. 28. SMT M RASHMI W/O R.RAMESH, AGED ABOUT 45 YEARS, RESIDING AT NO. 510, 5TH MAIN, NRUPATHUNGA NAGAR, NAGARABHAVI POST, BANGALORE-560072. 29. SMT S K VIDYA W/O SRI. S NANJUNDASWAMY, - 7 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 AGED ABOUT 58 YEARS, RESIDING AT NO.112, 3RD CROSS, BHUVANESHWARINAGAR, KATRIGUPPE, B.S.K 3RD STAGE, BANGALORE-560085. 30. SRI VENKATAGIRI G S/O SRI G RAMA RAO, AGED ABOUT 39 YEARS, RESIDING AT NO. 16/1, SECOND FLOOR, 2ND BLOCK, THYAGARAJANAGAR BANGALORE - 560028. 31. SMT RUPA A JAIN W/O SRI G V AJIT PRASAD, AGED ABOUT 59 YEARS RESIDING AT FLAT NO. 2020, CHAMPAK, NO.22, 13TH MAIN, 16TH CROSS MALLESHWARAM, BANGALORE - 560003. 32. SMT. N. VASTALA DEVI, W/O SRI. G NARAYAN, AGED ABOUT 68 YEARS, RESIDING AT NO. 3501, 14TH MAIN, H.A.L II STAGE, BANGALORE-560038. 33. SMT. J. MEENAKUMARI, W/O DR. J JANAARRDHANON, AGED ABOUT 62 YEARS, RESIDING AT NO. 3841, GANGOTHRI, 13TH MAIN ROAD, KUMARASWAMY LAYOUT, 2ND STAGE, BANGALORE-560078. - 8 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 34. SRI. B. N.HAREESH, S/O SRI. B.N.NARAYANA RAO, AGED ABOUT 65 YEARS, RESIDING AT NO.17, 2ND CROSS SRIRAMA LAYOUT, PUTTENAHALLI, BANGALORE -560058. 35. SRI. S.RAGHURAMULU S/O.SRI.SESHAIYAN, AGED ABOUT 55 YEARS, RESIDING AT NO.3841 GONGOTHRI.13TH MAIN ROAD, KUMARASWAMY LAYOUT, 2ND STAGE, BANGALORE-560078. 36. SMT. T.V.PATIBHA, D/O SRI.T.N.VATTAL, AGED ABOUT 54 YEARS, RESIDING AT NO.ALF-4/7, ADDI LIC BLOCK, NANDINI LAYOUT, BANGALORE-560096. 37. SMT. JYOTHISUDHIR, W/O SRI.SUNDHIR KUMAR JAIN.K, AGED ABOUT 56 YEARS, RESIDING AT JAIN'S COMPOUND, PARLADKA, PUTTUR, DAKSHINA KANNADA, SHIMOGA-574201. 38. SMT. MITHRA SUJIT PRASAD, W/O SRI.SUJITPRASAD.G.V, AGED ABOUT 56 YEARS, RESIDING AT VYSALI, 5TH CROSS, VENKATESH NAGAR, SHIMOGA-577201. 39. SMT. S. MANJULA, W/O SRI.G.SRINIVASAN, AGED ABOUT 56 YEARS, - 9 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 RESIDING AT NO.109/19/1, 7TH CROSS, LOWER PALACE ARCHARD, BANGALORE-560003. 40. SMT.DEVI SUKUMAR LENGADE, W/O SRI.SUKUMARLENGADE, AGED ABOUT 59 YEARS, READING AT 'SHRUTHI' 5TH CROSS ASHOKNAGAR, TUMKUR. 41. SMT. C.J MADHUMAHABALESHWAR, W/O SRI. T.M MAHABALESHWAR, AGED ABOUT 56 YEARS, RESIDING AT NO. 262, SUSHEELA NILAYA, RAILWAY STATION ROAD, SS PURAM, TUMKUR-572 42. SRI. SOORYA NARAYANA KEKUDA, S/O SRI. SRINIVASAKEKUDA, AGED ABOUT 66 YEARS, RESIDING AT, SRINIVASA 13TH CROSS, 9TH MAIN, SWIMMING POOL EXTENSION, MALLESHWARAM, BANGALORE-560035. 43. SRI. VISHNU MURTHY KEKUDA, S/O SRI. SINIVASAKEKUDA, AGED ABOUT 69 YEARS, RESIDING AT, SRINIVASA 13TH CROSS, 9TH MAIN, SWIMMING POOL EXTENSION, MALLESHWARAM, BANGALORE-5600035. 44. SRI. M VISHWESWARAIAH ENCLAVE SITE OWNERS WELFARE ASSOCIATION (R), HAVING OFFICE AT FLAT NO. S-1, SHANTHINIKETHAN, 8TH MAIN ROAD, 11TH CROSS, MALLESHWARAM, BANGALORE-560003, REPRESENTED BY DR. J JANARDHAN AND SECRETARY SRI. G.V AJITH PRASAD, - 10 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 45. SRI. AJITH PRASAD G.V, S/O. LATE G.A. VEERENDRA KUMAR, AGED ABOUT 69 YEARS, RESIDING AT S-1, SHANTINIKETAN APARTMENT, 8TH MAIN, 11TH CROSS, MALLESHWARAM, BANGALORE-560003. 46. DR. J JANAARDHANAN, S/O. LATE S. JAYARAMAN, AGED ABOUT 70 YEARS, RESIDING AT NO. G-16, D BLOCK, 6TH CROSS, 1ST MAIN, GURUPRIYAAKASHGANGA APARTMENT, ISRO LAYOUT, BANGALORE-560 078. 47. M/S J.P GOLDEN HOMES PROPERTIES PVT. LTD. HAVING ITS OFFICE AT NO.8, 1ST FLOOR, 2ND MAIN, 3RD PHASE, J.P NAGAR, BANGALORE-560078 REPRESENTED BY ITS DIRECTOR, B.J KISHORE KUMAR. 48. MR. B KISHORE KUMAR, S/O B. JYOTHIPRASAD, AGED ABOUT 45 YEARS, RESIDING AT FLAT NO. A-3, GREEN VIEW APARTMENT, 2ND CROSS, K.V LAYOUT, 4TH BLOCK, JAYANAGAR EAST, BANGALORE-560011 49. MR. B.J KIRAN KUMAR, S/O B. JYOTHIPRASAD, AGED ABOUT 41 YEARS, RESIDING AT FLAT NO. A-3, GREEN VIEW APARTMENT, 2ND CROSS, K.V LAYOUT, 4TH BLOCK, JAYANAGAR EAST, BANGALORE-560011 50. MR. B. JYOTHI PRASAD, S/O MR. B KRISHNAIAH CHETTY, - 11 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 AGED ABOUT 68 YEARS, RESIDING AT FLAT NO. A-3, GREEN VIEW APARTMENT, 2ND CROSS, K.V LAYOUT, 4TH BLOCK, JAYANAGAR EAST, BANGALORE-560011 51. K. NANDA KUMAR, S/O KRISHNAPPA, RESIDING AT NO. 2518/1, 14TH MAIN ROAD, K.S LAYOUT, 2ND STAGE, BANGALORE-560078. …RESPONDENTS (BY SMT.K.P. YASHODHA., HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NOS. 1 AND 2 POLICE AUTHORITIES TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 11.07.2025 AND 09.07.2025 VIDE ANNEXURE G AND H AND REGISTER A FIR AGAINST THE RESPONDENT NOS. 3 TO 51 FOR THE OFFENCES PUNISHABLE UNDER SECTION 318, 316, 61 OF BNS AND ANY OTHER OFFENCES COMMITTED BY THEM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The question for consideration is whether this Court must direct the Police [the second respondent] to register a case against the private respondents on the first information filed by the petitioner for different offences as stated in the petition. Sri Mohammed Zayed Khan, the learned counsel for the petitioner, submits that the private respondents are guilty of offence such as fraud, cheating, criminal breach of trust and forgery and though cognizable offence is disclosed in the first information, the second respondent has not registered a complaint and that this is despite the directions of the Hon'ble Apex Court in 'Lalita Kumari v. Government of U.P'.1 1 [2014] 2 SCC 1 - 13 - HC-KAR NC: 2025:KHC:29254 WP No. 22211 of 2025 It is needless to observe that the Police must register a first information whenever cognizable offences are disclosed and there can also be proceedings for failure in this regard. However, the failure need not necessarily be a cause of action for exercising jurisdiction under Article 226 of the Constitution of India especially when there is an alternative remedy under the penal law. Hence, the petition stands disposed of subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE AN/-