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2025 DAILYLAW 76241 (KAR)

BALAJI S v. THE STATE OF KARNATAKA

WP/17992/2022 · 2025-08-19

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32104 WP No. 17992 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17992 OF 2022 (GM-POLICE) BETWEEN: BAJAJI S S/O LATE M SUBRAMANAYM AGED ABOUT 50 YEARS NO 328/1 SUBRAM ARCADE FLAT NO 401, 5TH MAIN MALLESHPALYA, NEW THIPPASANDRA BANGALORE - 560075 MOBILE - 994505878. …PETITIONER (BY SRI. AKHIL BABU, ADVOCATE FOR SRI. UMAPATHI S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BANGALORE - 560001. 2. THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT POLICE COMPLAINT AUTHORITY OFFICE OF DEPUTY COMMISSIONER BANGALORE URBAN K G ROAD, REVENUE BUILDING BENGALURU - 560009. 3. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD BANGALORE - 560001. 4. THE ADDITIONAL COMMISSIONER OF POLICE (ADMN) AND MEMBER SECRETARY Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32104 WP No. 17992 of 2022 DISTRICT POLICE COMPLAINT AUTHORITY OFFICE OF THE COMMISSIONER OF POLICE BEHIND KANDAYA BAHVANA BANGALORE CITY, INFANTRY ROAD BANGALORE - 560009. 5. THE INSPECTOR OF POLICE BAGALAGUNTE POLICE STATION BANGALORE CITY, BANGALORE - 560090. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO APPOINT ALL MEMBERS OF THE BANGALORE DISTRICT POLICE COMPLAINT AUTHORITY AS PER DIRECTION OF THE HONBLE SUPREME COURT IN THE CASE OF PRAKASH SINGH AND ORS VS UNION OF INDIA AND ORS BY ITS ORDER DTD 22 SEPTEMBER, 2006 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR REPORT COMPLIANCE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for the following reliefs: "1) An appropriate Writ in the nature of Mandamus, an order or direction directing the Respondents to appoint all Members of the Bangalore District police Complaint authority as per direction of the Hon'ble Supreme Court in the case of Prakash Singh & Ors vs Union Of India And Ors by its order dated 22 September, 2006 as per Annexure-A. 2) A Writ in the nature of Mandamus directing Respondents to act on petitioner complaint dated 27-12-2021 as per Annexure-B within the timeframe fixed by this Hon'ble Court." - 3 - HC-KAR NC: 2025:KHC:32104 WP No. 17992 of 2022 2. The gravamen of the case of the petitioner is that he had lodged a complaint alleging misconduct by the police officials at the time of executing a non-bailable warrant. The petitioner claims that he had submitted the complaint to the member secretary of the police complaint authority with request to initiate action. The petitioner attempted to get his complaint readdressed by the concerned authority and he sought information about the action taken on his complaint under the Right to Information Act. He came to know that the District Police Complaint Authority was not functional. He therefore caused a notice dated 30.06.2022 for the constitution of the District Police Complaint Authority. 3. When this petition was listed for orders regarding compliance of an order dated 21.04.2025, the learned Additional Government Advocate filed a memo enclosing therewith the proceedings of the State Government, which culminated in constitution of the District Police Complaint Authority. He also submitted that one of the members of the committee has retired and steps are underway for the appointment of another member. - 4 - HC-KAR NC: 2025:KHC:32104 WP No. 17992 of 2022 4. In view of the aforesaid, relief No.1 sought for by the petitioner is granted by the State Government itself and therefore, there is no need for this Court to issue any direction to the respondents to constitute the complaint authority. 5. As far as the relief No.2 is concerned, now that the committee is constituted, soon after a member is nominated by the State Government, the respondents are directed to place the complaint before the committee, which shall take suitable action in accordance with law. 6. In view of the above, the writ petition stands disposed off. 7. The respondents shall ensure that the new member is nominated within a period of one month from the date of receipt of a copy of this order. The complaint of the petitioner shall be attended within three months thereafter. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 14