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2025 DAILYLAW 59318 (KAR)

SHRI. KASHIM MOHAMMEDHUSAIN SARKAWAS v. THE STATE OF KARNATAKA

WP/102893/2025 · 2025-07-31

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9476 WP No. 102893 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102893 OF 2025 (GM-POLICE) BETWEEN: SHRI. KASHIM MOHAMMEDHUSAIN SARKAWAS, AGE: 87 YEARS, OCC: HOTEL BUSINESS, R/O: NADI GALLI, DADDI – 591 254, TQ: HUKKERI, DIST: BELAGAVI. …PETITIONER (BY SMT. PRIYANKA H. PAWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF POLICE, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE SUPERINTENDENT OF POLICE, BELAGAVI, POLICE HEAD QUARTOS BELAGAVI – 590 001. 3. THE POLICE INSPECTOR, YAMKANMARDI, YAMKANMARDI POLICE STATION, TQ: HUKKERI, DIST: BELAGAVI – 591 246. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, 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 IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REQUEST COMPLAINANT OF THE PETITIONER DATED 09/03/2025 AND 28/03/2025 VIDE ANNEXURE-E AND G, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Date: 2025.08.01 15:00:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9476 WP No. 102893 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Issue a writ in the nature of Mandamus or any other writ or directions, directing the respondent no.3 to consider the request complainant of the petitioner dated 09/03/2025 and 28/03/2025 vide Annexure-E and G, in the interest of justice and equity. B. Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of the case, in the ends of justice and equity. 2. By way of a mandamus, what is sought for was a direction to respondent No.3 - SHO to register a complaint which has been submitted by the petitioner. 3. Learned AGA submits that the complaint having been considered, having been found to be a civil dispute, a necessary endorsement has been issued on 02.04.2025. Hence, the above directions cannot be issued. - 3 - HC-KAR NC: 2025:KHC-D:9476 WP No. 102893 of 2025 4. Reserving liberty to the petitioner to avail of such remedies as available under law, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 40