Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19165 WP No. 11115 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11115 OF 2026 (GM-POLICE)
BETWEEN:
SMT.CHAYADEVI W/O. LATE SOMASHEKAR, AGED ABOUT 44 YEARS, RESIDING AT WARD NO. 8, NEAR ST. THOMAS SCHOOL, BIDADI, RAMANAGARA DISTRICT - 562 109. …PETITIONER (BY SRI. VARDHAN SHENOY K., ADVOCATE FOR SRI. PRITHVEESH M. K., ADVOCATE) AND:
THE INSPECTOR OF POLICE BIDADI POLICE STATION, RAMANAGARA - 562 109. …RESPONDENT (BY SRI. VIKAS ROJIPURA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS AND ISSUE A WRIT OR
ORDER QUASHING THE IMPUGNED ENDORSEMENT BEARING 20/07/2025 DATED NO. SAM/BIDADI.PS/SAKALA.ARJI-76/2025
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:19165 WP No. 11115 of 2026
ISSUED BY THE RESPONDENT POLICE (ANNEXURE- F) AND CONSEQUENTLY DIRECT THE RESPONDENT - POLICE TO REGISTER A FIRST INFORMATION REPORT AGAINST THE ACCUSED MENTIONED IN THE COMPLAINT DATED 20/06/2025 LODGED BY THE PETITIONER (ANNEXURE-E) FOR THE COGNIZABLE OFFENCES DISCLOSED THEREIN.
THIS 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 asserts that she has lodged a detailed complaint before the respondent–police authorities alleging that the vendor of the subject property has perpetrated a fraud by dishonestly inducing her to part with a substantial sum of Rs.30,00,000/-. It is specifically contended that the vendor had represented that the said amount, forming part of the sale
consideration, would be directly appropriated towards discharge of the outstanding housing loan availed by the vendor, and that such arrangement was also reflected in the recitals of the registered sale deed. Proceeding on the basis of such representation and assurance, the petitioner completed the
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HC-KAR NC: 2026:KHC:19165 WP No. 11115 of 2026
transaction and paid the said amount. However, to her utter shock and dismay, the said sum was never credited to the loan account, resulting in the loan liability remaining subsisting against the property. Consequently, despite the petitioner having purchased the property for valuable consideration, the same continues to remain encumbered. It is further averred that ICICI Bank, with whom the vendor had availed the housing loan, has initiated coercive proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, culminating in issuance of a possession notice, thereby seriously jeopardizing the petitioner’s title and possession over the subject property.
2. Having heard the learned counsel for the petitioner and upon perusal of the material on record, this Court is of the considered view that the allegations set out in the complaint, coupled with the recitals contained in the registered sale deed, prima facie disclose commission of cognizable offences, more particularly involving elements of cheating, fraud, and criminal inducement. In such circumstances, the respondent–police could not have declined to entertain the complaint or refrained
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HC-KAR NC: 2026:KHC:19165 WP No. 11115 of 2026
from setting the criminal law in motion. The failure on the part of the respondent to register a First Information Report, despite the complaint disclosing ingredients of cognizable offences, runs contrary to the settled principles governing registration of FIR.
3. Therefore, this Court is satisfied that a case is made out for interference, and the endorsement issued by the respondent declining to act on the complaint is liable to be quashed.
4. Consequently, appropriate directions deserve to be issued to ensure that the complaint is duly acted upon in accordance with law. For the foregoing reasons, this Court proceeds to pass the following:
ORDER (i) Writ petition is allowed (ii) Impugned endorsement issued
by respondent No. dated 20/07/2025 bearing NO. SAM/BIDADI.PS/SAKALA.ARJI-76/2025 is hereby quashed.
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HC-KAR NC: 2026:KHC:19165 WP No. 11115 of 2026
(iii) Respondent-police is hereby directed to consider the petitioner's complaint and register FIR within a period of 4 weeks from receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
DS CT:TSM List No.: 1 Sl No.: 25