Dismissed

Shri. Somappa S/O Shivappa Hosamani v. the State of Karnataka

Karnataka HC1 Sept 2021WP/111072/2017

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition seeking prosecution permission under Section 197 Cr.P.C. The court did not express an opinion on the merits but disposed of the petition, reserving liberty for the petitioner to file a police complaint.

What did the court decide?

Petition disposed of; liberty reserved for petitioner to submit a complaint to the jurisdictional police authorities.

Shri. Somappa S/O Shivappa Hosamani Vs the State of… — Caste Atrocities | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶3

DATED THIS THE 1^st DAY OF SEPTEMBER, 2021

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

¶6

WRIT PETITION NO.111072 OF 2017 (GM-RES)

¶7

BETWEEN:

¶8

SHRI. SOMAPPA S/O. SHIVAPPA HOSAMANI, AGE: 57 YEARS, OCC: "D" GROUP EMPLOYEE, R/O: B.T.D.R. ROOM NO.7/06A, VIDYAGIRI, BAGALKOTE, DIST: BAGALKOTE.

¶9

…PETITIONER

¶10

(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)

¶11

AND:

¶12

THE STATE OF KARNATAKA, REPTD. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU.

¶13

THE PRINCIPAL SECRETARY, DEPARTMENT OF D.P.A.R (R AND I) K.G.S. VIDHANA SOUDHA, BENGALURU.

¶14

... RESPONDENTS

¶15

(BY SRI.V.S. KALASURMATH, HCGP, FOPR R1 & R2)

¶16

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO GIVE PROSECUTION PERMISSION TO THE PETITIONER UNDER SECTION 197 OF CR.P.C. AGAINST THE GOVERNMENT SERVANT WHO HAVE COMMITTED AN OFFENCE UNDER SECTION 3 OF THE SC/ST (PREVENTION OF ATROCITY) ACT, 1989 VIDE ANNEXURE-C AND DIRECT THE

¶17

¶18

RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED:16.10.2017 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-C & ETC.

¶19

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B-GROUP , THIS DAY, THE COURT, MADE THE FOLLOWING:

¶20

ORDER

¶21

In this writ petition, the petitioner has sought for the following reliefs:

¶22

“a) A writ in the nature of mandamus directing the respondent No.1 and 2 to give prosecution permission to the petitioner under section 197 of Cr.P.C. against the Government Servant who are committed an offence under Section 3 of the SC / ST (Prevention of Atrocity) Act, 1989, vide Annexure – C.

¶23

b) A writ in the nature of mandamus directing the respondent No.2 to consider the representation dated 16/10/2017 submitted by the petitioner vide Annexure – C.

¶24

c) Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”

¶25

¶26

Heard learned counsel for the petitioner

¶27

and learned HCGP for the respondents. Perused the material on record.

¶28

Though several contentions have been

¶29

urged by the petitioner in the present petition, without expressing any opinion on the merits / demerits of the said contention, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to submit a complaint to the concerned jurisdictional police authorities ventilating his grievances; if the same is submitted by the petitioner, the jurisdictional police authorities shall take necessary steps / action pursuant thereto, in accordance with law.

¶30

Subject to the aforesaid directions, petition stands disposed of.

¶31

Sd/JUDGE

¶32

Shri. Somappa S/O Shivappa Hosamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Somappa S/O Shivappa Hosamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balasaheb S/O. Bharmagouda Patil Vs State of Karnataka

Dr.Ishwaragouda M. Patil Vs the Registrar

Shidramappa S/O Sangappa Anneppanavar Vs the General Manager

Shankar Dolla Gunagi Vs Mangala Ekanath Gunagi

Hanumanthappa S/O.Ningappa Talawar @ Walikar Vs the State of Karnataka

Rayappa S/O Mallappap Heggannavar Vs Kumar. Amit S/O Rayappa Heggannavar