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2025 DAILYLAW 79577 (KAR)

SAGAYARAJ @ RAJU v. THE SECRETARY

WP/24822/2025 · 2025-08-29

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33599 WP No. 24822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24822 OF 2025 (GM-POLICE) BETWEEN: SAGAYARAJ @ RAJU S/O LATE JOSEPH, AGED ABOUT 32 YEARS, R/AT NO.37, 20TH CROSS, KARAGAPPA GARDEN, S.R. NAGARA, BENGALURU - 560 027 …PETITIONER (BY SRI. HANUMANTHAPPA HARAVI, ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BENGALURU - 560 001 2. THE INSPECTOR OF GENERAL OF POLICE AND DIRECTOR GENERAL OF POLICE, GOVERNMENT OF KARNATAKA, HOME DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU - 560 001 3. THE ASSISTANT COMMISSIONER OF POLICE, ULASURU GATE SUB DIVISION, BENGALURU - 560 002\ Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33599 WP No. 24822 of 2025 4. THE SUB-INSPECTOR OF POLICE SR NAGARA POLICE STATION, BENGALURU - 560 027 5. THE SPECIAL EXECUTIVE MAGISTRATE AND THE DEPUTY COMMISSIONER OF POLICE, CENTRAL DIVISION, CUBBON PARK ROAD, BENGALURU - 560 001 6. THE DEPUTY POLICE COMMISSIONER, CENTRAL DIVISION, KASTURBA ROAD, BENGALURU - 560 001 7. SRI SHIVAKUMAR S/O NOT KNOWN POLICE OFFICER, CENTRAL CRIME BRANCH, BMTC DEPOT, SERVICE ROAD, SHANTHINAGAR, BENGALURU - 560 027 8. HARSHA S/O NOT KNOWN WORKING AT CENTRAL CRIME BRANCH, BMTC DEPOT, SERVICE ROAD, SHANTHINAGAR, BENGALURU - 560 027 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASHING OF PROCEEDINGS PENDING ON THE FILE OF THE 5TH RESPONDENT BEARING - 3 - HC-KAR NC: 2025:KHC:33599 WP No. 24822 of 2025 NO.D.C.P.(CENTRAL)/CRM/MAG/129/ 2024 DATED 10-04-2024 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the summons issued under Section 113 of Cr.P.C and this summons was issued on 10.04.2024. Sri Hanumanthappa B.Haravihogowdar, the learned counsel for the petitioner, has canvassed before this Court that the petitioner is being harassed regularly by the seventh and eighth respondents and in fact, the learned counsel wants to state that these officers insist upon the petitioner to visit their office every day. Smt.K.P.Yashodha, the learned Additional Government Advocate, who is called upon to secure instructions in the light of this grievance, submits that [a] the summons was issued in the year 2024 for - 4 - HC-KAR NC: 2025:KHC:33599 WP No. 24822 of 2025 the purpose of Section 107 of Cr.P.C. and in response thereto, the petitioner has executed a bond and [b] that the only occasion for the officers to visit the petitioner is for the purposes of reviewing the decision to enter the petitioner’s name in the rowdy sheet as is required in terms of the directions issued by this Court in W.P.No.4504/2021 dated 22.04.2022. This Court is of the opinion that the afore response and the specific statement before this Court that the petitioner is not brought under any duress must suffice for disposal of the petition. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE YN List No.: 1 Sl No.: 26