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2026 DAILYLAW 26010 (KAR)

SMT SUNITHA M v. THE STATE OF KARNATAKA

WP/17697/2026 · 2026-07-02

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32852 WP No. 17697 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17697 OF 2026 (GM-POLICE) BETWEEN: SMT. SUNITHA M. WIFE OF VENKATA SANTHOSH MURALI, AGED 50 YEARS, RESIDING AT A-204, 2ND FLOOR, CMRS ROYAL ORCHIDS APARTMENT, BALAGERE ROAD, VARTHUR, BANGALORE - 560 087. …PETITIONER (BY SRI. A. T. MALLYA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MINISTRY OF HOME AFFAIRS, AMBEDKAR VEEDHI, BANGALORE - 560 001, BY SECRETARY. 2. THE STATION HOUSE OFFICER, VARTHUR POLICE STATION, BANGALORE - 560 087, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001. …RESPONDENTS (BY SRI. C.H.DEVARAJ., GA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32852 WP No. 17697 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO REGISTER THE FIRST INFORMATION REPORT AGAINST THE PERSONS ACCUSED, ON THE BASIS OF THE ACCUSATIONS DETAILED IN THE COMPLAINT FOR THE OFFENCES PUNISHABLE UNDER SECTION 318 SECTIONS 336, SECTION 351 SECTION 352 SECTION 3(5) BNS READ WITH SECTION 75 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND SECTION 37 OF AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016. COUPLED WITH SECTION 66C SECTION 66D OF INFORMATION TECHNOLOGY ACT 2000 AS PER THE ALLEGATIONS MADE IN THE COMPLAINT AT ANNEXURE -C AND PROCEED WITH THE CASE IN ACCORDANCE WITH LAW 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 Learned AGA accepts notice for respondents No.1 and 2. 1. Petitioner is before this Court seeking for the following reliefs: "i) To issue writ of Mandamus or any appropriate writ, directing the 2nd Respondent to register the First Information Report against the persons accused, on the basis of the accusations detailed in the complaint for the offences punishable under Section 318 Sections 336, Section 351 Section 352 Section 3(5) BNS read with section 75 of the Juvenile - 3 - HC-KAR NC: 2026:KHC:32852 WP No. 17697 of 2026 Justice (Care and Protection of Children) Act, 2015 and Section 37 of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) At, 2016. Coupled with Section 66C Section 66D of Information Technology Act 2000 as per the allegations made in the complaint at Annexure-C and proceed with the case in accordance with law. ii) To quash the endorsement issued by the 2nd respondent for preliminary enquiry and further investigation, as per Annexure-D, dated 30.04.2026. iii) To pass such other orders as this Hon'ble Court deems fit, under the Circumstances of the case." 2. The grievance of the petitioner is that the complaint which has been submitted by the petitioner on 29.04.2026 at Annexure-C, no action has been taken by the respondents. In that background, the aforesaid reliefs have been sought for. 3. A perusal of the complaint at Annexure-C indicates that allegations made are as regards cognizable offences and in terms of decision of the Hon'ble Apex Court in the case of Lalitha Kumari Vs. State of Uttar Pradesh & Others reported in (2014)2 SCC 1, that - 4 - HC-KAR NC: 2026:KHC:32852 WP No. 17697 of 2026 the respondents were required to register the complaint and investigate the matter. 4. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) Mandamus is issued directing respondent No.2 to consider the complaint submitted by the petitioner, register a FIR and proceed with the investigation in terms of the decision of the Hon'ble Apex Court referred to above, within a period of 15 days from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE MCR List No.: 1 Sl No.: 8