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2025 DAILYLAW 8039 (KAR)

MR. VINOD KRISHNA MURTHY v. STATE OF KARNATAKA

WP/107022/2024 · 2025-01-30

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:1823 WP No. 107022 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107022 OF 2024 (GM-POLICE) BETWEEN: MR. VINOD KRISHNA MURTHY, S/O. KRISHNA MURTHY, AGED ABOUT 45 YEARS, RESIDING AT D. NO.714, 3RD BLOCK, 8TH STAGE, BASAVESHWARA NAGAR, BENGALURU, KARNATAKA – 79. …PETITIONER (BY SRI S. S. BAWAKHAN AND SRI SIDDARTH SUMAN, ADVOCATES) AND: 1. STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. 2. SUPERINTENDENT OF POLICE, NEAR DURGAMMA TEMPLE, SIDIGINAMOLA, BALLARI, KARNATAKA – 583 103. 3. WOMENS POLICE STATION, ASHOK NAGAR, BALLARI, KARNATAKA – 583 102. …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 WRIT OF CERTIORARI QUASHING THE POLICE NOTICE DATED 18.11.2024 DP.NO.237/2024 VIDE ANNEXURE-A AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1823 WP No. 107022 of 2024 THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “a) Issue Writ Of Certiorari Quashing The Police Notice Dated 18.11.2024 Dp.No.237/2024 Vide Annexure-A. b) To pass any other order/direction which this Hon’ble Court deems fit in the interest of justice and equity.” 2. This court on 26.11.2024 has passed the following order: “Heard the learned counsel for the petitioner. Learned Addl. Government Advocate is directed to take notice for respondents No.1 to 3. 2. It is submitted by the learned counsel for the petitioner that on the basis of a complaint lodged by the complainant in the earlier round of litigation, the petitioner had approached this Court seeking to quash the proceedings in Crl.P.No.101724/2024, whereby the defacto complainant was made party in the said proceedings and upon hearing all parties in the said proceedings the FIR and the complaint registered against the petitioner that is similar in nature in the present case came to be quashed. 3. It is submitted that earlier FIR was lodged before the Cowl Bazar Police Station and now presently a fresh complaint is lodged by the very same complainant before the Women’s Police Station, Ashok Nagar, Ballari. Based on the complaint, notice is issued to the petitioner herein and the respondent police authorities are insisting the petitioner to come before the Police Station and - 3 - NC: 2025:KHC-D:1823 WP No. 107022 of 2024 participate in the enquiry, to which the petitioner has already sent a reply on 21.11.2024. The respondent shall consider the same and take suitable action rather than insisting upon the physical presence of the petitioner. 4. Therefore, an interim order is passed directing the respondents not to insist the petitioner’s physical presence taking into consideration the reply given and thereafter act accordingly in accordance with law. 5. Petitioner is permitted to implead the complainant. 6. Call this matter on 09.12.2024.” 3. Learned AGA has today placed a document, which depicts that no further proceedings are taken up against the petitioner i.e. closure of the complaint registered by the complainant against the petitioner. In the light of the said closure, the subject petition does not survive for any further consideration. 4. There is no warrant to keep the petition pending or hear the petition any further. With the aforesaid observations the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 7