Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:631 WP No. 100283 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100283 OF 2026 (GM-POLICE) BETWEEN:
ERAMMA W/O. IRANNA NAYAK, AGE. 68 YEARS, OCC. COOLIE, REST AT: 1ST WARD, ANEGUNDI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583227.
…PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560007.
2.
THE SUPERINTENDENT OF POLICE, KOPPAL-583231.
3.
THE DEPUTY SUPERINTENDENT OF POLICE, GANGAVATHI-583227, DIST. KOPPAL.
4.
POLICE SUB INSPECTOR, RURAL POLICE STATION, AT. GANGAVATHI, DIST. KOPPAL-583227. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP)
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC-D:631 WP No. 100283 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE MANDAMUS BY DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE COMPLAINT DATED 25/12/2025 VIDE ANNEXURE-B AND DIRECT THE RESPONDENT’S AUTHORITIES TO REGISTER FIR OR TO TAKE NECESSARY ACTION AND INVESTIGATE IN THE MATTER, IN THE INTEREST OF JUSTICE AND DIRECT RESPONDENT NOS.2 AND 3 TO ENTRUST THE INVESTIGATION OF THE PETITIONER’S COMPLAINT TO A COMPETENT AND INDEPENDENT OFFICER NOT BELOW THE RANK OF DEPUTY SUPERINTENDENT OF POLICE, AS MANDATED UNDER THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AND ETC.,.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present writ petition is filed seeking the following prayers:
“a) Issue a writ in the nature of mandamus by directing respondent No.4 to consider the complaint dated 25.12.2025 vide Annexure-B and direct the respondents authorities to register FIR or to take necessary action and investigate in the matter in the interest of justice. b) Direct respondent Nos.2 and 3 to entrust the investigation of the petitioner’s complaint to a competent and independent officer not below the rank of Deputy Superintendent of Police, as mandated under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; c) Issue such other suitable orders or directions as this Hon’ble Court deems fit and
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HC-KAR NC: 2026:KHC-D:631 WP No. 100283 of 2026
proper in the nature and circumstances of the case, in the interest of justice and equity.”
2. It is the grievance of the petitioner that the FIR is not registered. If the police are not registering the FIR, the remedy available to the petitioner is to file a private complaint before the Magistrate, give a representation to the Higher Officer showing the inaction on the part of the police. The petitioner has given a complaint to the police on 25.12.2025 and filed the writ petition on 09.01.2026.
3. A writ of mandamus cannot be issued to the police to register the FIR. It is for the police to enquire into the complaint and if it makes out a cognizable offence, then the police will register the complaint. In that view of the matter, this Court cannot issue directions as sought by the petitioner. However, the concerned police are directed to consider the complaint dated 25.12.2025 in accordance with law.
4. Accordingly, this Court is passing the following:
ORDER (i) The writ petition is disposed off directing the respondent No.4 to consider the complaint in accordance with law.
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HC-KAR NC: 2026:KHC-D:631 WP No. 100283 of 2026
(ii) All I.As. in this writ petition shall stand closed.
SD/- JUSTICE LALITHA KANNEGANTI
JTR CT: UMD List No.: 1 Sl No.: 79