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2025 DAILYLAW 91418 (KAR)

SRI. MOHAN KUMAR. D. R. v. KARNATAKA STATE HUMAN RIGHTS COMMISSION

WP/34080/2025 · 2025-11-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47161 WP No. 34080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34080 OF 2025 (GM-RES) BETWEEN: SRI. MOHAN KUMAR. D. R. SUB-INSPECTOR OF POLICE AGED ABOUT 45 YEARS GNANA BHARATI POLICE STATION BENGALURU-560060 …PETITIONER (BY SRI. MOHAN KUMARA D, ADVOCATE) AND: 1. KARNATAKA STATE HUMAN RIGHTS COMMISSION THROUGH ITS ACTING CHAIRPERSON 4TH FLOOR, 5TH PHASE MULTI STOREYED BUILDINGS DR. AMBEDKAR VEEDHI, BANGALORE-560 001 2. SMT. S. POORNIMA W/O LATE JAGANNATH AGED ABOUT 56 YEARS, R/A 27, 4TH MAIN ROAD MEENAKSHINAGAR, KAMAKSHIPALYA BENGALURU- 560 079 3. SUB-INSPECTOR OF EXCISE KENGERI EXCISE RANGE POLICE STATION SUB-DIVISION 06, BENGALURU-560 060 BY SRI.VASUDEV 4. STATE OF KARNATAKA REP BY KENGERI EXCISE RANGE POLICE STATION, SUB-DIVISION 06, BENGALURU- 560060 …RESPONDENTS (BY SRI.SIDARTH BABU ROA, AGA R3 & R4; Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47161 WP No. 34080 of 2025 SRI.K.RAJASHEKAR, ADVOCATE FOR R1; V/O DTD 17.11.2025 NOTICE TO R2 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER QUASHING THE NOTICE DATED 27.10.2025 (ANNEXURE-A) ISSUED BY THE 1ST RESPONDENT IN HRC NO. 861/10/31/2025 FB DIRECTING THE PETITIONER TO APPEAR BEFORE THE COMMISSION ON 14.11.2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.3 and 4. Sri.K.Rajashekhar, learned counsel is directed to accept notice for respondent No.1. Notice to respondent No.2 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs; a. issue a writ of certiorari or any other appropriate writ, direction or order quashing the notice dated 27.10.2025 (Annexure-A) issued by the 1st respondent in HRC no. 861/10/31/2025 FB directing the petitioner to appear before the commission on 14.11.2025. b. Issue a writ of prohibition restraining the 1st respondent from proceeding against the petitioner in HRC No. 861/10/31/2025 FB. - 3 - HC-KAR NC: 2025:KHC:47161 WP No. 34080 of 2025 c. Declare that the petitioner, having acted in discharge of his official duty, cannot be proceeded against by the human rights commission without following due process of law. d. Pass any other order or direction as this Hon'ble court may deem fit and proper in the circumstances of the case. e. Award costs of this petition to the petitioner. 3. What has been challenged is the notice of personal appearance which has been issued by respondent No.1 in connection with the complaint which has been lodged. It is for the petitioner to appear before respondent No.1 and place his say on record of respondent No.1. Needless to say, respondent No.1 is directed to consider the say of the petitioner before taking any action. 4. With the above observation, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 31