On a B group preliminary hearing, Police responded that they rejected the petitioner's complaint after preliminary enquiry. The Court held that the petitioner's prayer no longer survived and disposed of the writ petition.
The writ petition seeking mandamus to direct police action was dismissed as the prayer no longer survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.105393/2016 (GM-POLICE)
BETWEEN :
S. SRIRAMALU S/O SANJEEVAPPA, AGE: 52 YEARS, OCC: MEMBER OF SHIRAGUPPA TALUKA SHIRAGUPPA BUILDING WORKERS ASSOCIATION, R/O. 9TH WARD, KANCHANAGUDDA ROAD, SHIRAGUPPA, DIST: BALLARI (BY SRI. SRIHARSH A. NEELOPANT, ADV.) AND : 1 . THE SUPERINTENDENT OF POLICE THE OFFICER OF DISTRICT POLICE, BALLARI 2 . THE POLICE SUB INSPECTOR, SHIRAGUPPA TOWN POLICE STATION, SHIRAGUPPA, DIST: BALLARI
.. PETITIONER
3 . THE CIRCLE POLICE INSPECTOR, SHIRAGUPPA TOWN POLICE STATION, SHIRAGUPPA, DIST: BALLARI .. RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF MANDAMUS TO THE RESPONDENTS TO TAKE ACTION AGAINST
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CHIEF SECRETARY SHIRAGUPPA BUILDING WORKERS SOCIETY BY CONSIDERING THE REPRESENTATIONS/COMPLAINT DATED 15.4.2016, 19.04.2016 AND 10.06.2016 AS PER ANNEXURE-B, C AND D RESPECTIVELY
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has sought the
following relief:
of the Governing Council of Shiraguppa Building Workers Association, Shiraguppa. The petitioner has lodged a complaint against the Chief Secretary of the Association. Since the police have not acted upon the complaint, they have approached this Court.
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Additional Government Advocate is taken on record.
In view of the above, the payer sought by the petitioner
does not survive for consideration.
Accordingly, the petition is disposed of.
Sd/JUDGE
kmv
1 issue framed by the court
Whether the writ petition seeking directions to the police to take action against a society official is maintainable when the police have already rejected the complaint after preliminary enquiry.
1 provisions across 1 enactments
S. Sriramalu
The Superintendent of Police, Ballari
The Police Sub Inspector, Shiraguppa Town Police Station
The Circle Police Inspector, Shiraguppa Town Police Station
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
