- 1 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1829 OF 2021 (GM-POLICE) BETWEEN: SRI. A. LALIT KUMAR JAIN, S/O. ARJUN LAL JAIN, AGED ABOUT 57 YEARS, R/O. NO.532, 3RD MAIN ROAD, MATHIKERE, BANGALORE-560 054. …PETITIONER (BY SRI. DELHI CUCKOO, ADVOCATE) AND: 1. SRI. SHIVABALA SWAMY, PROPRIETOR OF SAI PRANATHI ENTERPRISES, REGISTERED ADDRESS AT NO.614, 1ST FLOOR, H.R.B.R 2ND BLOCK, 2ND 'H' CROSS, KALYAN NAGAR, BANGALORE-560 043. 2. SRI. AUGUSTIN JOSEPH. H., S/O. LATE HARRY JOSEPH, AGED ABOUT 39 YEARS, R/O. NO-32, BHAVIN HOUSE, YAJMAN THIMMAIAH ENCLAVE, MADANAYAKANA HALLI, BANGALORE - 562 162. 3. CIVIL RIGHTS ENFORCEMENT CELL SITUATED AT 'F' BLOCK, 2ND FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560 001. REP. BY DEPUTY DIRECTOR OF POLICE. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 4. SRI. SRINIVAS, WORKING AS POLICE SUB INSPECTOR AT CIVIL RIGHTS ENFORCEMENT CELL SITUATED AT `F' BLOCK, 2ND FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560 001. 5. STATE OF KARNATAKA, THE STATION HOUSE OFFICER, ASHOKNAGAR POLICE STATION, ASHOKNAGAR, BENGALURU. 6. SRI. YATHIRAJ WORKING AS ASSISTANT COMMISSIONER OF POLICE, CUBBON PARK SUB DIVISION, BANGALORE - 560 001. 7. SMT. ASHWINI, WORKING AS POLICE SUB INSPECTOR, ASHOK NAGAR POLICE STATION ASHOK NAGAR, BANGALORE - 560 050. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R5, SRI. V. G. BHANUPRAKASH, ADVOCATE FOR R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM R-3 AND R-5 IN CR.NO.350/2019 PERTAINING TO THE CASE OF THE PETITIONER AND DIRECT THE R-3 TO 7 NOT TO INFRINGE THE FUNDAMENTAL RIGHTS OF THE PETITIONER AND HIS FAMILY MEMBERS CALLING OVER PHONE TO COME TO ASHOK NAGAR POLICE STATION AND PAY MONEY TO THE R-2 AND THREATENING THE PETITIONER HE WOULD BE ARRESTED AND CHEQUES TAKEN FORCIBLY WILL BE PRESENTED FOR ENCASHMENT, GRANT THE PETITIONER THE COST OF THIS PROCEEDINGS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to call for records from 3rd respondent /63/SP/BC/2019 and 5th respondent in Cr.No.350/2019 pertaining to the case of the petitioner and grant him the following reliefs: (a) Issue a writ of Certiorari or any other appropriate writ or order directing the Respondents 3 to 7 not to infringe the fundamental rights of the petitioner and his family members calling over phone to come to Ashok Nagar Police station and pay money to the 2nd respondent and threatening the petitioner he would be arrested and cheques taken forcibly will be presented for encashment. Grant the petitioner the cost of this proceedings, and (b) Further be pleased to refer the matter to Criminal investigation department at Bangalore. (c) Pass such other order or orders a this Hon'ble Court deems fit in the circumstances of the case." 2. Several allegations are made in this writ petition against the respondents, how the respondents have behaved with the petitioner in a high-handed manner, violating the fundamental rights of the petitioner and how he has been harassed. This writ petition is filed in the year 2021. - 4 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 3. Learned AGA appearing on behalf of the respondents submits that the crime is registered against the petitioner and for the purpose of investigation he was called to the police station, but the same is projected as interfering with the fundamental rights of the petitioner. It is submitted that the entire investigation is completed and the charge sheet is filed. It is further submitted that if the petitioner is having any grievance against the police officers, he can avail appropriate remedy, but a writ petition is not maintainable. 4. Learned counsel for the petitioner submits that considering the manner in which the petitioner has been harassed, this Court may direct the higher authority to conduct the re-investigation, so that the facts will come to light and the respondents have no right to interfere with the fundamental rights of the citizen under the guise of investigation. 5. Having heard the learned counsels on either side, perused the material on record. Many allegations are made by the petitioner against the respondents/police officers. When this Court had asked the petitioner what is the material placed before this Court to come to a prima facie conclusion that there - 5 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 is harassment to him, it is submitted that the CCTV has captured all those things and if they are called for, then this Court would understand how many times the petitioner has been called to the police station and how he was harassed. The incident had taken place in the year 2021, now we are in the year 2026. The CCTV footage will not be available even if this Court asks the respondents to place the same before this Court. Looking at the pleadings that are placed before this Court, these are disputed questions of fact, which cannot be decided by this Court under Article 226 of the Constitution of India. The petitioner has an effective alternative remedy to approach the Magistrate against the high handed action of the respondents. The Magistrate would be in a better position to address the grievance of the petitioner as it requires evidence. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. - 6 - HC-KAR NC: 2026:KHC:13743 WP No. 1829 of 2021 ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 9