Disposed

Uddappa S/O Laxmappa Parasannavar v. the State of Karnataka

Karnataka HC21 Oct 2024WP/105438/2024

Case brief

AI extract

What is this about?

Single Judge disposed a writ petition seeking mandamus to direct authorities to consider representations regarding a criminal investigation triggered by a fatal road accident, finding it unnecessary as action was already initiated.

What did the court decide?

Petition disposed of on submissions that representation has been acted upon and report will be filed; liberty granted to challenge adverse report.

Uddappa S/O Laxmappa Parasannavar Vs the State of… — Writ and Judicial Review | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:15005 WP No. 105438 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA

¶4

DHARWAD BENCH

¶5

DATED THIS THE 21^ST DAY OF OCTOBER, 2024

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

¶8

WRIT PETITION NO. 105438 OF 2024 (GM-POLICE)

¶9

BETWEEN:

¶10

UDDAPPA S/O. LAXMAPPA PARASANNAVAR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. DEVAGOUDANAHATTI, TQ: GOKAK, DIST: BELAGAVI-591304.

¶11

…PETITIONER

¶12

(BY SRI V.P. VADAVI, ADVOCATE.)

¶13

AND:

¶14

THE STATE OF KARNATAKA, BY PSI GOKAK RURAL, TQ: GOKAK, DIST: BELAGAVI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011.

¶15

MANJANNA E

¶16

Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

¶17

THE DISTRICT COMMISSIONER, TQ: BELAGAVI, DIST: BELAGAVI-590001.

¶18

THE SUPERINTENDENT OF POLICE, TQ: BELAGAVI, DIST: BELAGAVI-590001.

¶19

…RESPONDENTS

¶20

(BY SRI V.S. KALASURMATH, HCGP.)

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 19.01.2024, 18.01.2024 VIDE ANNEXURE-C, C1 AND C2 AND TAKE IMMEDIATE FURTHER ACTION IN CRIME NO.231/2023 BY GOKAK RURAL P.S. BY WAY OF FILING THE FINAL REPORT/CHARGE SHEET, AND CONSEQUENTLY ALLOW THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.

¶22

¶23

NC: 2024:KHC-D:15005 WP No. 105438 of 2024

¶24

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

¶25

ORAL ORDER

¶26

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

¶27

Learned counsel for the petitioner submits that he has

¶28

paid the Court fee. Registry to verify.

¶29

Learned HCGP is directed to take notice for respondents No.1 to 3.

¶30

Heard the arguments of the learned counsel for the petitioner and learned HCGP.

¶31

This petition is filed by the petitioner seeking a writ of mandamus for a direction to respondent authorities to consider the representation dated 19.01.2024 to take action in accordance with law.

¶32

It is the case of the petitioner that an FIR came to

¶33

be lodged before the Gokak Rural Police Station on 23.11.2023 alleging that on 22.11.2023 between 11.30 p.m. to 06.30 a.m. some unknown person driving an unknown vehicle dashed against the vehicle ridden by the son of petitioner namely Sagar aged 25 years, while he was riding

¶34

3 - NC: 2024:KHC-D:15005 WP No. 105438 of 2024

¶35

his motorcycle bearing No.KA-49/x-7229. Due to the injuries suffered in the accident he succumbed on the spot. Based on the complaint lodged, an FIR came to be registered against unknown person in Crime No.231/2023 for the offence punishable under sections 279, 304A of Indian Penal Code and under section 134 and 187 of the Indian Motor Vehicles Act, 1988.

¶36

It is the case of the petitioner that one Sri Balaji Sahebrao Savant, owner of Belgaum Sugars Private Limited was transporting sugarcane to the sugar factory in a tractor which caused the accident. Therefore, the petitioner made a representation before the respondent authorities with regard to the said tractor belonging to the aforementioned person and no action was taken by the respondents. Hence, the present petition is filed for necessary action to consider the representation dated 19.01.2024.

¶37

Per contra, learned HCGP representing the

¶38

respondents on instructions submits that based on the representation made by the petitioner, action is initiated by

¶39

4 - NC: 2024:KHC-D:15005 WP No. 105438 of 2024

¶40

the respondents and report would be filed in due course of time.

¶41

Under the circumstances, as the representation of

¶42

the petitioner is acted upon, and report would be filed in due course of time, the petition would not survive for consideration any more. Anyhow no purpose would be served by giving a direction to act upon the representation, as the learned HCGP submits that the representation is already acted upon and report would be filed shortly.

¶43

It is needless to mention that in case if the

¶44

petitioner is aggrieved by any such report adverse to his interest, he is at liberty to challenge the same in the manner known to law.

¶45

Accordingly the petition is disposed of based on the submissions made by the learned HCGP.

¶46

Ordered accordingly.

¶47

Sd/(PRADEEP SINGH YERUR) JUDGE

¶48

MRK CT-MCK List No.: 1 Sl No.: 11

Uddappa S/O Laxmappa Parasannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Uddappa S/O Laxmappa Parasannavar 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

Parties & counsel

Coram

Case details

Similar cases

Greenwood Internatinoal English Medium Vs State of Karnataka

State Rti and Social Activists Forum Alias Karnataka Vs the Deputy Commissioner, Karwar

Giriraj S/O Virupakshappa Gireppanavar Vs the Authorised Officer

Dr Vijaykumar B Patil Vs the Government of Karnataka

Bhushan S/O Vasant Bangodi Vs Jayashankar Kalkundrikar Multi-Purpose

Raju Honnayya Nayak Vs the State of Karnataka