Disposed

Smt. Bramarambha v. the State of Karnataka

Karnataka HC2 Aug 2024WP/14828/2019

Case brief

AI extract

What is this about?

A writ petition was filed seeking to quash a police summons issued following a complaint alleging cheating. The petitioner argued the matter was civil in nature. The Court observed that no FIR had been registered and the notice was merely calling for a reply, directing parties to settle civil disputes in competent courts before disposing of the petition.

What the court decided

AI extract

Smt. Bramarambha Vs the State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:30751 WP No. 14828 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14828 OF 2019 (GM-POLICE)

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BETWEEN:

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SMT. BRAMARAMBHA AGED ABOUT 54 YEARS W/O K.V.GURUPRASAD,

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SRI.K.V.GURUPRASAD AGED ABOUT 63 YEARS S/O LATE VEERABHADRASWAMY,

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SRI.B.G.GAGAN AGED ABOUT 30 YEARS S/O K.V.GURUPRASAD,

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SRI.B.G.SWAMY AGED ABOUT 33 YEARS S/O K.V.GURUPRASAD,

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Digitally signed by REKHA R

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Location: High Court of Karnataka

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ALL ARE R/AT NO.52, 1^ST C MAIN, BINNY LAYOUT (RPC LAYOUT) 2^ND STAGE, VIJAYANAGAR, BENGALURU-560 040.

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(BY SRI. RAHUL S. REDDY, ADVOCATE)

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AND:

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…PETITIONERS

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THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.

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2 - NC: 2024:KHC:30751 WP No. 14828 of 2019

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THE ASSISTANT COMMISSIONER OF POLICE VIJAYNAGAR SUB DIVISION, BENGALURU-560 040.

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SRI. SRINIVASAN S/O HANUMANTHAPPA, R/AT NO.12/3, SONNENAHALLI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060.

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE, HCGP FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIAORARI BY QUASHING THE NOTICE DATED 21.03.2019 IN NO.VSD/G.N.L/103/2019 AND THE NOTICE DATED 30.03.2019 IN NO.VSD/G.N.L/103/2019 ISSUED BY THE 2^ND RESPONDENT POLICE, VIDE ANNEXURE A AND B AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court aggrieved by the notice dated 21.03.2019, issued by respondent No.2 purportedly on a complaint filed by respondent No.3 alleging commission of offence of cheating by the petitioners against him.

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Learned counsel for the petitioners submits that

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petitioner No.1 had indeed entered into an agreement of

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3 - NC: 2024:KHC:30751 WP No. 14828 of 2019

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sale with respondent No.3 in respect of certain immovable property and respondent No.3 without taking any action as provided under general law has approached the respondent-Police by filing a complaint and since the matter is of the civil nature, respondent-Police could not have interfered. Therefore, the writ petition.

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Learned HCGP, on the other hand, submits that Police had merely issued the notice upon complaint filed by respondent No.3 alleging cheating and petitioners may submit their reply to the same and matter will be dealt with in accordance with law.

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Heard and perused the records.

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It is not the case of the petitioners that any complaint is registered against them. Respondent No.2Police has merely issued a notice calling upon the petitioners to appear at 11.00 a.m., on 25.03.2019. The respondent-Police have not registered any case nor is there any material of they intending to take any action. It is open for the petitioners to submit their reply.

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NC: 2024:KHC:30751 WP No. 14828 of 2019

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Needless to state that if the matter is purely of

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civil in nature, respondent-Police shall not interfere and relegate the parties to settle their dispute in accordance with law before a competent court of law.

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With the above observation, petition is disposed

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of.

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Sd/(M.G.S. KAMAL) JUDGE

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MDS List No.: 1 Sl No.: 2

Smt. Bramarambha v. the State of Karnataka

Case brief

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Smt. Bramarambha v. the State of Karnataka

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