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2025 DAILYLAW 78175 (KAR)

SYED AFSAR ALI v. THE STATE OF KARNATAKA

WP/37161/2025 · 2025-12-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52503 WP No. 37161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37161 OF 2025 (GM-POLICE) BETWEEN: SYED AFSAR ALI S/O LATE SYED ANWAR SAB, AGED ABOUT 43 YEARS, R/AT NO #1186, AI RAHMAN MASJID ROAD, 3RD CROSS, ARKAN TOWN, MELKOTE, TUMKUR - 5722105. …PETITIONER (BY SRI. MOHAMMAD FAIZAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY. VIDHANA SOUDHA, BENGALURU - 560 001 2. SUPERINTENDENT OF POLICE, TUMKUR, B.H. ROAD, ASHOK NAGAR, OPPOSITE RTO OFFICE TUMAKURU CITY - 572 103 3. DEPUTY SUPERINTENDENT OF POLICE OLD D.C. OFFICE COMPOUND, WARD NO. 18, TUMKUR - 572 103 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52503 WP No. 37161 of 2025 4. THE INSPECTOR OF POLICE GUBBI POLICE STATION TUMKUR DISTRICT-572216 REP. BY HCGP, HIGH COURT BUILDING, BENGALURU - 560 001. 5. ANANDA KUMAR A BADGE NO. 334 KSRTC BUS DRIVER KA04F1437 S/O ARIVAPPA AGED ABOUT 27 YEARS, RESIDING AT DONIMADAGU VILLAGE, KAMASAMUDRA HOBLI, BANGARPETE TALUK, KOLAR DISTRICT - 563 129 …RESPONDENTS (BY SMT. K.P. YASHODA, AGA FOR R1 TO R4 NOTICE TO R5 IS DISPENSED WITH VIDE ORDER DT.10.12.2025) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.1 TO 4 TO CONSIDER THE COMPLAINTS FILED BY THE PETITIONER AS PER ANNEXURE-A, B AND C, DATED 17.11.2025, TO REGISTER AN F.I.R AGAINST THE RESPONDENT NO.5 AS PER COMPLAINTS AND TAKE COGNIZANCE AGAINST HIM IN ACCORDANCE WITH LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52503 WP No. 37161 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. Notice to respondent No.5 is dispensed with, in view of the proposed order to be passed. 2. Petitioner is before this Court seeking for the following reliefs: "a) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction, directing the Respondent No.1 to 4 to consider the Complaints filed by the petitioner as per Annexure A, B and C dated 17.11.2025 to register an FIR against the respondent No.5 as per complaints and take cognizance against him in accordance with law. b) Issue a Writ of Mandamus or any other appropriate Writ or order or Direction, directing the Respondent No.2 to issue direction to concerned respondent 3 or 4 to file status report of registering the F.I.R. within reasonable time as may be decided by this Hon'ble Court and; c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the ends of justice." 3. The grievance of the petitioner is that the complaint which had been submitted by the petitioner as - 4 - HC-KAR NC: 2025:KHC:52503 WP No. 37161 of 2025 regards the accident which occurred on 16.11.2025 has not been taken on record by the respondents, but has been returned on the ground that there is already a complaint which has been registered. 4. Learned Additional Government Advocate for respondent Nos.1 to 4 submits that the present complaint of the petitioner would also be taken on record and investigated along with the investigation in Crime No.435/2025. 5. The same answers the grievance of the petitioner. Placing the said submission of the learned Additional Government Advocate on record, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 33 CT-SG