Dismissed

Smt. S Shobha v. the State of Karnataka

Karnataka HC2 Feb 2021WP/1442/2021

Case brief

AI extract

What is this about?

The petitioner sought a direction to the Commissioner of Police to provide protection citing allegations of harassment by her own family. The Bench held that the complaint involved a civil dispute regarding residence and a private family matter wherein police do not interfere, dismissing the writ petition as misconceived. Article 226 writ petition dismissed.

What did the court decide?

The writ petition was dismissed as pertaining to a civil dispute between mother and daughter where police do not interfere.

Smt. S Shobha Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.1442 OF 2021 (GM-POLICE)

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BETWEEN :

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SMT. S. SHOBHA W/O SRINIVAS D/O S. SHIVANANJAPPA AGED ABOUT 39 YEARS R/AT NO.5 , 1^ST FLOOR 8^TH CROSS, 4^TH MAIN SANJEEVINI NAGAR MOODALAYPALYA BENGALURU-560 072 …PETITIONER

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(BY SHRI. R.P. SOMASHEKHARAIAH, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA

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BENGALURU-560 001 REPRESENTED BY ITS SECRETARY

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THE COMMISSIONER OF POLICE INFANTRY ROAD

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BENGALURU-560 002

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THE SUB INSPECTOR OF POLICE VIJAYANAGAR

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BENGALURU-560 040

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THE AUTHORIZED OFFICER SENIOR CITIZEN CELL INFANTRY ROAD

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BENGALURU-560 002

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S. SHIVANANJAPPA S/O LATE SHIVANNE GOWDA AGED ABOUT 74 YEARS,

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R/AT NO.5 , 1^ST FLOOR 8^TH CROSS, 4^TH MAIN SANJEEVINI NAGAR MOODALAYPALYA BENGALURU-560 072 6. SMT. JAYALAKSHMI W/O S SHIVANANJAPPA AGED ABOUT 64 YEARS, R/AT NO.5 , 1^ST FLOOR 8^TH CROSS, 4^TH MAIN SANJEEVINI NAGAR MOODALAYPALYA BENGALURU-560 072

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SRI. S. RAVIKUMAR S/O S. SHIVANANJAPPA AGED ABOUT 50 YEARS SOMESHWARA APARTMENT NEAR MARKET ROAD SANJEEVINI NAGAR MOODALAPALYA BENGALURU-560 040 ... RESPONDENTS

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(BY SHRI. M. VINOD KUMAR, AGA FOR R1 TO 4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.2 AND 3 TO GIVE NECESSARY POLICE PROTECTION TO THE PETITIONER AND HER FAMILY INCLUDING HER PARENTS, BY CONSIDERING THE COMPLIANT DATED 31.12.2020 UNDER ANNEXURE-G AND H AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned AGA accepts notice for the State.

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Heard Shri R.P.Somashekaraiah, learned advocate for the petitioner and Shri M.Vinod Kumar, learned AGA for the State.

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This writ petition is presented with a prayer inter alia for a direction against the Commissioner of Police and Sub-inspector of Police, Vijayanagar, to provide police protection to the petitioner and her family members.

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Shri Somashekaraiah for the petitioner submitted that pursuant to complaint as per Annexure-B given by petitioner's mother, police are harassing and compelling petitioner to go out of her mother's house.

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Learned AGA submitted that Annexure-B is a complaint filed by the petitioner's mother wherein it is stated that petitioner and her husband are staying in her mother's house for last 15 years and refusing to vacate her mother's house. It is purely a private dispute between mother and daughter. Learned AGA has rightly submitted that in such civil matters, police do not

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interfere. Petitioner may seek her remedy before appropriate Civil Court.

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In view of the above, this writ petition is misconceived and it is accordingly dismissed .

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Learned AGA is permitted to file memo of appearance within four weeks.

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No costs.

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Sd/JUDGE

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Smt. S Shobha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. S Shobha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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