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2025 DAILYLAW 64074 (KAR)

SHAKEEL KHAN S/O SAPHEE KHAN v. THE STATE OF KARNATAKA

WP/108922/2025 · 2025-12-01

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16781 WP No. 108922 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108922 OF 2025 (GM-POLICE) BETWEEN: SHAKEEL KHAN S/O. SAPHEE KHAN, AGE. 44 YEARS, OCC. BUSINESS, R/O. H.NO. 170/2, TABIT GALLI, SHAHPUR, BELAGAVI - 03, PRESENTLY RUNNING CHAT/SNACK CENTERS IN THE NAME AND STYLE OF THE CHAT CAFE AND GOOD LUCK SNAKS, NEAR SHIVAJI GARDEN, BELAGAVI. …PETITIONER (BY SRI. A. D. NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. 2. COMMISSIONER OF POLICE, BELAGAVI CITY, BELAGAVI 590 001. 3. DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, BELAGAVI CITY – 590 001. 4. INSPECTOR OF POLICE, SHAHPUR POLICE STATION, BELAGAVI CITY – 590 001. 5. RAM BHANVANI, REPRESENTATIVE OF VISHWA HINDU PARISHAD SHAHPUR, BELAGAVI - 590 001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16781 WP No. 108922 of 2025 6. VIKAS KHANDEKAR, REPRESENTATIVE OF VISHWA HINDU PARISHAD, SHAHPUR - BELAGAVI – 590 001. 7. SATYAM NAYAK, REPRESENTATIVE OF VISHWA HINDU PARISHAD, SHAHAPUR BELAGAVI - 590 001. 8. PIYUSH HAVAL, REPRESENTATIVE OF BEDHADAK BELAGAV, MARATHI NEWS PORTAL, SHAHPUR BELAGAVI – 590 001. 9. CITY CORPORATION BELAGAVI, REP. BY HEALTH OFFICER, (DEPT OF HEALTH AND SANITARY, BELAGAVI – 590 001). …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS. 2 TO 4 TO PROVIDE IMMEDIATE AND ADEQUATE PROTECTION TO THE LIFE, LIBERTY, AND PROPERTY OF THE PETITIONER, INCLUDING PROTECTION TO HIS ESTABLISHMENTS, NAMELY THE CHAT CAFE AND GOOD LUCK SNACKS NEAR SHIVAJI GARDEN, BELAGAVI. AND ISSUE A DIRECTION TO RESPONDENT NOS.2 TO 4 ENSURE THAT NO INDIVIDUAL OR GROUP OF RESPONDENT NO. 5 TO 8, INTERFERES WITH THE PETITIONER’S LAWFUL BUSINESS ACTIVITIES. AND DIRECT THE RESPONDENTS 2 TO 4 TO TAKE IMMEDIATE AND STRICT ACTION ON THE COMPLAINT DATED 15/11/2025 VIDE ANNEXURE-A FILED BY THE PETITIONER. AND ISSUE DIRECTIONS TO RESPONDENT NO. 2 TO 4 TO MONITOR AND CURB DEFAMATORY AND COMMUNAL CONTENT BEING CIRCULATED AGAINST THE PETITIONER ON SOCIAL MEDIA AND TAKE ACTION AGAINST THOSE RESPONSIBLE. AND ISSUE DIRECTIONS TO RESPONDENT NO.9 NOT TO TAKE ANY ACTION AGAINST THE PETITIONER WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16781 WP No. 108922 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. a. Issue a writ of mandamus directing Respondent nos. 2 to 4 to provide immediate and adequate protection to the life, liberty, and property of the Petitioner, including protection to his establishments, namely “The Chat Café” and “Good Luck Snacks” near Shivaji Garden, Belagavi. b. Issue a direction to Respondent nos.2 to 4 ensure that no individual or group of respondent no. 5 to 8, interferes with the Petitioner’s lawful business activities. c. Direct the Respondents 2 to 4 to take immediate and strict action on the complaint dated 15/11/2025 vide Annexure-A filed by the Petitioner. d. Issue directions to respondent no. 2 to 4 to monitor and curb defamatory and communal content being circulated against the Petitioner on social media and take action against those responsible. e. Issue directions to respondent no.9 not to take any action against the petitioner without following the due process of law. f. Pass any order that this Hon’ble Court may deem fit to protect the Petitioner’s fundamental rights. 2. The petitioner is said to be a street vendor and certain videos cropped up with regard to the petitioner using basement water for the purpose of preparation of pani to be added to the puri. - 4 - HC-KAR NC: 2025:KHC-D:16781 WP No. 108922 of 2025 3. The learned counsel submits that it was a fake video and therefore has registered a complaint. Again another video crops up alleging that the petitioner spits into the pani and gives it into the puri and on that also the petitioner has registered the complaint. Now the petitioner is before the Court alleging that police are not taking action on these fake pani puri videos. 4. The learned AGA submits that action is being taken and crime is registered and it would be taken to its logical conclusion. 5. The petitioner further submits that he has sought police protection for selling pani puri. That is not taken note off. While the petitioner's case for seeking police protection is frivolous, but if the petitioner's life and limb is under threat in real time, then the State would necessarily take action on it being appropriately projected by the petitioner. 6. The learned AGA undertakes that the complaint would be taken to its logical conclusion. - 5 - HC-KAR NC: 2025:KHC-D:16781 WP No. 108922 of 2025 7. In the light of the said circumstance, the petition stands disposed with the aforesaid observation. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC