Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17367 WP No. 9566 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9566 OF 2026 (GM-POLICE) BETWEEN:
MANAGING COMMITTEE REP. BY SADDAM., AGED ABOUT 37 YEARS, JUMMA MASJID, NAGEHALLI VILLAGE, HIREJAMBOOR GRAMA, SHIKARIPUR TALUK, SHIVAMOGGA DISTRICT- 577 477. …PETITIONER (BY SRI. MALLANAGOUDA H., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP.BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU -560 001.
2.
SUPERINTENDENT OF POLICE, HONNAVAR HWY, POLICE QUARTERS, SHIVAMOGGA- 577 205.
3.
INSPECTOR GENERAL OF POLICE., DEVARAJ URS BADAVANE, B BLOCK, DEVANAGERE- 577 006 .
4.
POLICE CIRCLE INSPECTOR, KUMADHAWTHI NAGAR, SHIKARIPUR- 577 427. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:17367 WP No. 9566 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH REGISTER AN FIR IN RESPECT OF THE COGNIZABLE OFFENCES DISCLOSED IN THE COMPLAINTS OF THE PETITIONER DATED 13.02.2026 AND 26.02.2026, WHICH ARE ANNEXURES-C, D AND E AGAINST SAID SUCH PERSONS AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The petitioner in the captioned writ petition seeks issuance of a writ of mandamus directing the respondent- authorities to forthwith register a First Information Report on the basis of the complaints dated 13.02.2026 and 26.02.2026, produced at Annexures “C” to “E”. 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the material on record, including the written complaints. 3. A careful reading of the complaints would indicate that the dispute essentially pertains to inter se differences between two groups in relation to offering
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HC-KAR NC: 2026:KHC:17367 WP No. 9566 of 2026
namaz at the mosque. Though certain individuals have been named in the complaints, the averments therein do not disclose any specific overt acts attributable to the said persons so as to prima facie constitute a cognizable offence warranting registration of an FIR. In this context, it would be apposite to extract the relevant portion of the complaint, which reads as under:
" ಆದೆ ಈಗ ತ ಜ
ಾಯನ ಕೕಯವರು ಆದ 1) ೌ ೕ ಾ! " ಾ! #ಾ" ಾ! 2) ಅಬು'( ರ)ೕಂ " ೌ ೕ ಾ! 3) ರ)ೕಂ ಾ! " ಆಯೂ! ಾ! 4) .ಾರು/ 0ಾ" " ಅಯೂ! ಾ! 5) ಸ3ೕಂ " ಚಮ" ಾ! 6) ೈ89ಾ
" ೌ ೕ ಾ! 7) ಸೕವ;9ಾ
" ೌ ೕ ಾ! 8) ಉಮ> " ಅಯೂ! ಾ! 9) ಾ#ಾ ಾ! " @ಾಬು ಾ! 10) ಸ9ಾ>" " ರ)ೕಂ ಾ! 11) ಮೂ ೕ" " ೌ ೕ ಆದ ಇವCೆ ಎ3 ಯೂ ಜEಾ Fಗ3ಲ , ಎಂದು ನಮ> ಸುIJ ಸಂಪLMಾಯದಂNೆ ಮFೕOಯ3 ಆಚರPೆೆ QಾLಥSTೆೆ (ನ
ಾV)ೆ ಅWೆ-ತWೆ
ಾಡಲು ಪLಯತJ ಪಡುZ[ದು', ಪLZ Oನ ನಮ> ಮFೕOೆ ಬಂದು ನಮೆ @ೆದC\ೆ ]ಾಕುZ[ದು' ]ಾಗೂ ನಮೆ ಹ9ೆ ಾಡಲು ಪLಯತJ ಪಡುZ[Mಾ'ೆ. ]ಾಗೂ ನಮ>ಗ`ೆ \ೊ9ೆ @ೆದC\ೆ ಕೂWಾ ]ಾಕುZ[Mಾ'ೆ. ]ಾಾa Nಾವ;ಗಳc ಈ dೕಲeಂಡ ತ
ಕೕಯವರನುJ ಕೆfF ನಮ> ಮFೕOಯ3 ನ ಸುIJ ಪದgZಯಂNೆ ನ
ಾV
ಾಡಲು Nೊಂದೆ IೕಡದಂNೆ ]ಾಗೂ ಅವರುಗಳc ಬರದಂNೆ ಸೂಕ[ ಬಂMೋಬ[
ಾh\ೊಡ@ೇ\ಾa ತಮ>3 iನಯಪjವSಕkಾa
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HC-KAR NC: 2026:KHC:17367 WP No. 9566 of 2026
@ೇh\ೊಳclNೆ[ೕkೆ. ]ಾಗೂ ಅವCಂದ ಸೂಕ[ ರmPೆ Iೕಡ@ೇ\ಾa QಾLಥSTೆ."
From a cumulative reading of the averments made in the complaint, it clearly transpires that two factions are at loggerheads, each asserting an exclusive right to offer namaz at the mosque, to the exclusion of the other. The dispute, thus, appears to be essentially civil in nature, stemming from competing claims over the manner and entitlement to use the place of worship.
In the absence of any specific allegations indicating distinct overt acts or material particulars that would prima facie constitute the ingredients of a cognizable offence, this Court is of the considered view that the complaints, as they stand, do not warrant a direction to the respondent-police to register an FIR. Mere assertion of rivalry or discord between groups, without concrete allegations disclosing commission of a cognizable offence, cannot be a ground to invoke the extraordinary jurisdiction of this Court for issuance of a writ of mandamus. - 5 -
HC-KAR NC: 2026:KHC:17367 WP No. 9566 of 2026
4. In that view of the matter, this Court proceeds to pass the following:
ORDER (i) The writ petition stands dismissed. (ii) It is, however, made clear that this order shall not preclude the petitioners from approaching the jurisdictional police authorities, in the event any specific incident occurs or any act is committed by either of the factions that discloses commission of a cognizable offence. In such an eventuality, it is open to the petitioners to seek appropriate remedies in accordance with law, and the respondent-police shall consider the same in accordance with law, without being influenced by the dismissal of the present writ petition. SD/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB,List No.: 1 Sl No.: 34