Disposed

B.A. Shailesh Kumar v. the State of Karnataka

Karnataka HC4 Nov 2024WP/27500/2024

Case brief

AI extract

What is this about?

Petitioner sought a direction to police to register an FIR on his complaint alleging assault by his wife and her relatives; police had closed it as marital discord. The High Court noted the medical report showed injuries and directed reconsideration and appropriate action within two weeks.

What did the court decide?

Direction to respondent No. 4 to reconsider complaint dated 5.9.2022 (Annexure-B) and take action in accordance with law within two weeks.

B.A. Shailesh Kumar Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:44191 WP No. 27500 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 27500 OF 2024 (GM-POLICE)

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BETWEEN:

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B.A. SHAILESH KUMAR S/O AYTHARAPPA B R AGED ABOUT 45 YEARS RESIDING AT STADIUM ROAD, PRASHANTHANAGAR CHITRADURGA - 577 501.

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…PETITIONER

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(BY SRI. JAGAN MOHAN M T., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING DR AMBEDKAR ROAD, BANGALORE-560 001.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL POLICE NRUPATUNGA ROAD BANGALORE-560 001.

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SUPERITENDENT OF POLICE HASSAN DISTRICT HASSAN-573 201.

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THE SUB-INSPECTOR OF POLICE EXTENSION POLICE STATION HASSAN-573 201.

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D ROOPASHREE D/O A.H. DODDE GOWDA LECTURER (DEPT. OF E AND C) GOVT. ENGINEERING COLLEGE NEAR DAIRY, HASSAN R/O ANANDUR VILLAGE

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NC: 2024:KHC:44191 WP No. 27500 of 2024

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RAMANATHAPURA HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT-573 133.

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JYOTHISHREE W/O SWAMY GOWDA AGED ABOUT 55 YEARS

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RAKSHIT GOWDA S/O SWAMY GOWDA AGED ABOUT 30 YEARS

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DEEKSHIT S/O SWAMY GOWDA AGED ABOUT 22 YEARS

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RESPONDENT NO. 6 TO 8 ARE RESIDING AT RAVINDRA NAGARA NEAR BASAVESHWARA NYAYA BELE SHOP BESIDE RAGHAVENDRA KALAYANA MANTAPA, HASSSAN-573 201.

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…RESPONDENTS

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(BY SRI. K P YOGANNA., AGA FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 4 TO TAKE STEPS TO REGISTER THE FIR AGAINST R-5 TO 8 FOR ALLEGED OFFENCES AND INVESTIGATE THE MATTER ON THE COMPLAINT FILED BY THE PETITIONER ON 05.09.2022 VIDE ANNX-B.

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner has filed a complaint alleging that on 4.9.2022, he was assaulted by his wife along with certain relatives. To substantiate his claim of having sustained injuries from the alleged assault, he has produced a medical report attached at Annexure-A. Upon reviewing the medical report, it is apparent that the petitioner has indeed sustained injuries.

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3 - NC: 2024:KHC:44191 WP No. 27500 of 2024

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The petitioner lodged a complaint regarding this incident on 5.9.2022. However, the Police subsequently closed the complaint, stating that they had recorded statements from the involved parties and concluded that the dispute stemmed from marital discord.

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Given that the medical report indicates the petitioner sustained injuries, the respondent Police were under a legal obligation to conduct a investigation based on the complaint filed by the petitioner to verify the allegations made.

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In view of the above, the petition is disposed of with a direction to respondent No. 4 to reconsider the petitioner’s complaint dated 5.9.2022, as set forth in Annexure-B, and to take appropriate action in accordance with the law within a period of two weeks from the date of receipt of this order.

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Ordered accordingly.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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B.A. Shailesh Kumar v. the State of Karnataka

Case brief

What is this about?

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B.A. Shailesh Kumar v. the State of Karnataka

Case brief

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