Partly allowed

Rahul Mungekar S/O Arun Mungekar v. State of Karnataka

Karnataka HC16 Feb 2023WP/100413/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, in a writ petition filed under Articles 226 and 227 of the Constitution of India, quashed a notice inviting the petitioner to file a protest petition against a non-existent B-Report. The Court held that the B-Report was never submitted despite a stay order and reserved liberty for the petitioner to approach the Court for other grievances including compen

What did the court decide?

Impugned notice dated 25.11.2022 quashed; leave to petitioner to file fresh petition for pending reliefs.

Rahul Mungekar S/O Arun Mungekar Vs State of… — Writ and Judicial Review | Karnataka HC (2023)

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1 - WP No. 100413 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100413 OF 2023 (GM-POLICE)

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BETWEEN:

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RAHUL MUNGEKAR S/O. ARUN MUNGEKAR AGE. 38 YEARS, OCC. PRIVATE, RESIDING AT NO.515, PANCHAKSHARINAGAR, NAVANAGAR, HUBBALLI-580025

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…PETITIONER

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(BY SRI AVINASH M. ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPT. OF HOME, VIDHANA SOUDHA, BENGALURU.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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THE DIRECTOR GENERAL OF POLICE STATE OF KARNATAKA, BENGALURU.

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THE COMMISSIONER OF POLICE HUBBALLI DHARWAD CITY, HUBBALLI.

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THE DEPUTY COMMISSIONER OF POLICE LAW AND ORDER, HUBBALLI DHARWAD, HUBBALLI.

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BALAPPA SIDDRAMAPPA MANTUR AGE. 48 YEARS, OCC. THE POLICE CIRCLE INSPECTOR R/O. KAPPALAGUDDI VILLA

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WP No. 100413 of 2023

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TQ. RAIBAG, DIST. BELAGAVI, PRESENTLY WORKING AT APMC, NAVANAGAR POLICE STATION, HUBBALLI.

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…RESPONDENTS

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(BY SRI PRASHANT V.MOGALI, HCGP FOR RESP. NOS.1 TO 4) (BY SRI K.S.PATIL, ADVOCATE FOR RESPONDENT NO.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO 4 TAKE DISCIPLINARY ACTION AGAINST THE RESPONDENT NO.5 BALAPPA MANTUR (POLICE CIRCLE INSPECTOR) FOR SENDING A NOTICE DTD.25.11.2022 ON FILING OF B REPORT IN CRIME NO.109/2020 WHEN THERE WAS STAY BY THE HON’BLE COURT IN CRL.PET.NO.101390/2022 FOR INVESTIGATION AND FOR MISUSING HIS OFFICE FOR PERSONAL GAIN IN THE INTEREST OF JUSTICE AND ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO WITHDRAW THE FIR IN CRIME NO.109/2020 REGISTERED BY THE APMC-NAVANAGAR POLICE HUBBALLI AND TRANSFER THE SAME TO SOME OTHER POLICE STATIONS IN THE HUBBALLIDHARWAD TO INVESTIGATE THE CRIME BY THE DCP, HUBBALLI AND DHARWAD AND FILE A FINAL REPORT IN CRIME NO.109/2020 AND ISSUE ANY OTHER WRIT, ORDER OR DIRECTIONS TO THE RESPONDENT NO.5 TO PAY COMPENSATION OF RS.10 LAKHS FOR HIS ILLEGAL CONDUCT ON SENDING FALSE NOTICE ON B REPORT IN CRIME NO.109/2020 WHEN THERE WAS A STAY BY THE HON’BLE

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WP No. 100413 of 2023

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HIGH COURT IN CRL.PET.NO.101390/2022 IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, the petitioner seeks the following

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reliefs :

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“(a) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO 4 TAKE DISCIPLINARY ACTION AGAINST THE RESPONDENT NO.5 BALAPPA MANTUR (POLICE CIRCLE INSPECTOR) FOR SENDING A NOTICE DTD.25.11.2022 ON FILING OF B REPORT IN CRIME NO.109/2020 WHEN THERE WAS STAY BY THE HON’BLE COURT IN CRL.PET.NO.101390/2022 FOR INVESTIGATION AND FOR MISUSING HIS OFFICE FOR PERSONAL GAIN IN THE INTEREST OF JUSTICE.

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(b) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO WITHDRAW THE FIR IN CRIME NO.109/2020 REGISTERED BY THE APMC-NAVANAGAR POLICE HUBBALLI AND TRANSFER THE SAME TO SOME OTHER POLICE STATIONS IN THE HUBBALLI-DHARWAD TO INVESTIGATE THE CRIME BY THE DCP, HUBBALLI AND DHARWAD AND FILE A FINAL REPORT IN CRIME NO.109/2020.

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WP No. 100413 of 2023

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(c) ISSUE ANY OTHER WRIT, ORDER OR DIRECTIONS TO THE RESPONDENT NO.5 TO PAY COMPENSATION OF RS.10 LAKHS FOR HIS ILLEGAL CONDUCT ON SENDING FALSE NOTICE ON B REPORT IN CRIME NO.109/2020 WHEN THERE WAS A STAY BY THE HON’BLE HIGH COURT IN CRL.PET.NO.101390/2022 IN THE INTEREST OF JUSTICE AND EQUITY.

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Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 to 4 as well as learned counsel appearing for respondent No.5. Perused the material on record.

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In addition to reiterating the various contentions urged in the petition, the learned counsel for the petitioner submits that pursuant to the notice at Annexure-B dated 25.11.2022 issued by the Police Sub-Inspector, APMC Navanagar Police Station, Hubballi, the petitioner approached the 3^rd Additional Senior Civil Judge and JMFC Court, Hubballi and requested a certified copy of the B- Report said to have been filed in the said proceedings as stated in the notice, but to his shock and surprise, the

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WP No. 100413 of 2023

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petitioner learnt that no such B-Report has actually been filed. Under these circumstances, put forthing various contentions including claiming compensation for mental agony and torture caused to him, the petitioner is before this Court by way of the present petition.

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Per contra, learned HCGP appearing for respondent Nos.1 to 4 and learned counsel for respondent No.5 jointly submit that though a B-Report was prepared initially, in the light of the interim order passed in Criminal Petition No.101390/2022 dated 22.04.2022 by this Court, which is pending adjudication even till today, the said B- report which was prepared was never submitted to the jurisdictional Magistrate referred to supra . The submission made at the bar by learned HCGP and learned counsel for respondent No.5 is placed on record.

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Though several contentions have been urged by both sides in support of their respective claims, the material on record discloses that it is an undisputed fact that a B-Report was never submitted to the jurisdictional

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WP No. 100413 of 2023

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magistrate and consequently Annexure-B dated 25.11.2022 which purports to notify the petitioner to file protest petition against B-Report which was never filed is hereby quashed. Insofar as the other contentions and claims of the petitioner seeking compensation, etc., are concerned, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court by filing fresh petition(s) ventilating his grievances.

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Subject to the aforesaid liberty reserved in favour of the petitioner, petitions stands disposed off by quashing the impugned notice at Annexure-B dated 25.11.2022.

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Sd/JUDGE

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CKK

Rahul Mungekar S/O Arun Mungekar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Rahul Mungekar S/O Arun Mungekar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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