- 1 - HC-KAR NC: 2025:KHC-D:17513 WP No. 109075 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109075 OF 2025 (GM-POLICE) BETWEEN: SHAKTHIKUMAR CHANDRAHAS KYATHANNAVAR, AGE. 38 YEARS OCC. PRIVATE WORK, R/O. SHIVABASAVANAGAR, 3RD CROSS, HAVERI. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE INSPECTOR GENERAL OF POLICE, EASTERN RANGE, DEVRAJ URS BADAVANE, B BLOCK, DAVANAGERE, DIST. DAVANAGERE – 577 006. 2. THE SUPERINTENDENT OF POLICE, HANAL ROAD, HAVERI, DIST.HAVERI – 581 110. 3. THE CIRCLE POLICE INSPECTOR, DIRECTORATE OF CIVIL RIGHTS ENFORCMENT, HAVERI, DIST. HAVERI – 581 110. 4. THE SUPERINTENDENT OF POLICE, DIRECTORATE OF CIVIL RIGHTS ENFORCMENT, SHIVAKUAMR SWAMY NAGAR, 1ST STAGE, DAVANAGERE – 577 005. 5. THE CIRLE POLICE INSPECTOR, TOWN POLICE STATION, VIDYANAGAR, HAVERI, DIST. HAVERI – 581 110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS BY ISSUING APPROPRIATE DIRECTIONS TO THE RESPONDENTS TO REGISTER THE CASE AGAINST THE ACCUSED RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.11 16:39:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17513 WP No. 109075 of 2025 PERSONS ON THE COMPLAINT DATED. 13/10/2025 LODGED BY THE PETITIONER VIDE ANNEXURE-B AND TO TAKE APPROPRIATE ACTION AGAINST THE ACCUSED PERSONS MENTIONED IN THE COMPLAINT AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN 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 in the nature of Mandamus by issuing appropriate directions to the Respondents to register the case against the Accused persons on the complaint dated. 13/10/2025 lodged by the Petitioner vide Annexure-B and to take appropriate action against the accused persons mentioned in the Complaint. B. Any other and further relief as this Hon’ble court deems fit and just in the ends of justice. 2. The learned counsel for the petitioner submits that the petitioner was abused while seeking salary in the vicinity of the police station and therefore has filed a complaint against the said incident. Notwithstanding the same, the complaint is not registered. Therefore, the petitioner is before this Court. 3. The learned AGA submits that the matter is civil in nature, but however would assess the complaint strictly in terms of the judgment of the Apex Court in the case of Lalitha Kumari - 3 - HC-KAR NC: 2025:KHC-D:17513 WP No. 109075 of 2025 v. State of Uttar Pradesh, (2014) 2 SCC 1, wherein the Apex Court has held as follows: “120. In view of the aforesaid discussion, we hold: 120.1. The registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. 120.2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. 120.3. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. 120.4. The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. 120.5. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. 120.6. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases - 4 - HC-KAR NC: 2025:KHC-D:17513 WP No. 109075 of 2025 (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months' delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. 120.7 While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time-bound and in any case it should not exceed fifteen days generally and in exceptional cases, by giving adequate reasons, six weeks' time is provided. The fact of such delay and the causes of it must be reflected in the General Diary entry. 120.8. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.” (Emphasis supplied) 4. Therefore the complaint shall merit consideration strictly in terms of the said judgment. Petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 2 Sl No.: 9