Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25815 WP No. 1844 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1844 OF 2024 (GM-POLICE) BETWEEN:
1.
SMT M DEVIKA W/O M N REDDY ASHWATH, AGED ABOUT 48 YEARS, R/AT NO.217/218, 6TH MAIN, ANNAPOORNESHWARI LAYOUT, ULLAL MAIN ROAD, BENGALURU - 560 056. …PETITIONER (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001
2.
THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU - 560 001.
3.
THE POLICE INSPECTOR MADIWALA POLICE STATION, MADIWALA, BENGALURU - 560 068. …RESPONDENTS (BY SRI. DEVARAJ C.H., GA FOR R1 TO R3)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25815 WP No. 1844 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R3 TO TAKE APPROPRIATE ACTION ON THE COMPLAINT LODGED BY THE PETITIONER DTD 14.8.2021, 18.8.21021 UNDER ANNEXURE-C AND D RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.
2. Petitioner is before this Court seeking for the following reliefs: a. issue writ in the nature of Mandamus directing the respondent no.3 to take appropriate action on the compliant lodged by the petitioner dated 14.08.2021, 18.08.2021 under Annexure C & D respectively.
b. To pass such other order, direction, as may be deemed fit to grant in the circumstances of the case.
3. The husband of the petitioner had purchased a property bearing No.117, New Municipal Khata No.6/9, PID No.66- 7-6/9 situated at I Cross, V.P. Road, Madiwala, Bangalore-560068 from one M.U.Srikanta and
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HC-KAR NC: 2026:KHC:25815 WP No. 1844 of 2024
S.Umashankar under a registered sale deed dated
02.05.2018.
4. Subsequently, the husband of the petitioner executed a gift deed in favour of the petitioner on 02.07.2021. Thereafter, the petitioner claims to be the absolute owner of the property. The petitioner claims that the said M.U. Srikanta and S. Umashankar requested the petitioner to allow them to continue in the premises as tenants on a monthly rental for a period of three years from the date of registration. In pursuance of which the petitioner allowed them to so continue.
5. In the meanwhile, the said persons have sought to create a mortgage in respect to the property in favour of third parties and in that background the petitioner has filed complaints before the jurisdictional police for taking action against the illegal and unauthorised mortgages sought to be created by the petitioner. The amounts due from those persons were also not paid. The cheque issued by them was also dishonoured, as regards which
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HC-KAR NC: 2026:KHC:25815 WP No. 1844 of 2024
proceedings for dishonour of cheque have also been initiated by the petitioner.
6. The grievance of the petitioner now is that the complaint which had been lodged by the petitioner as regards the unauthorised mortgaging of property has not been looked into by the respondents and for that reason the aforesaid reliefs have been sought for.
7. A perusal of the documents and the pleadings, as also on the basis of the
arguments advanced by Sri.R.P.Somashekaraiah,
learned counsel for the petitioner, it is clear that there is a civil dispute between the petitioner and the said M.U.Srikanta and S.Umashankar as regards which the suit is already pending.
8. Such being the case, there is no cognizable offence which has been made out in the complaint which has been filed coming within the purview of Lalitha Kumari Vs. State of Uttar Pradesh & Others reported in (2014)2 SCC 1 requiring the respondents to compulsorily register a complaint. The allegations which have been made being
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HC-KAR NC: 2026:KHC:25815 WP No. 1844 of 2024
related to civil disputes, this Court cannot also direct the respondents to register a police complaint as regards a civil matter. Hence, no grounds having been made out, the petition stands dismissed.
9. Liberty is reserved to the petitioner to agitate all reliefs in the pending proceedings.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 21